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7 Mar 2023, 2:33 pm by Denise Elliott
  Initially, Judge Wright denied the motion, holding that there was a factual dispute regarding the definition of ‘under the influence,’ which experts could address at trial. [read post]
7 Mar 2023, 1:38 pm by Eugene Volokh
For more on plaintiff's allegations, see her brief in support of her motion for a preliminary injunction; for MSU's response, see its brief. [read post]
  The claims against the former CEO were dismissed earlier in the proceedings, and on January 26, 2023, the Court issued a monumental decision of Delaware law that denied the former Global Chief People Officer’s motion to dismiss, holding that officers of a Delaware corporation, like its directors, owe a duty of oversight. [read post]
7 Mar 2023, 1:14 pm by Unreported Opinions
Real property — Foreclosure — Motion for reconsideration In this appeal from a foreclosure action in the Circuit Court for Baltimore County, Harriette Elizabeth Bell, appellant, challenges the court’s denial of her “Motion for Reconsideration,” re-ratification of an audit, and deeming of her “Motion in Response” as moot. [read post]
7 Mar 2023, 1:12 pm by Unreported Opinions
Criminal procedure — Illegal sentence — Improperly charged Gregory Wilson, appellant, filed a motion to correct an illegal sentence in the Circuit Court for Baltimore County claiming, in essence, that his 2009 conviction for attempted first-degree murder was invalid because he was not properly charged with that offense and, therefore, his sentence is illegal. [read post]
7 Mar 2023, 1:04 pm by Unreported Opinions
Criminal procedure — Motion to suppress evidence — DNA testing Convicted by a jury in the Circuit Court for Prince George’s County of first degree murder and use of a firearm in the commission of a crime of violence, Tavon Jonathon Barnes, appellant, presents for our review a single issue: whether the court erred in ... [read post]
They told CNN, “Not only does the statute not allow for a withdrawal of a transmission, but at this point the Senate Republican privileged motion will be acting on the House disapproval resolution, rather than the DC Council’s transmission to the Senate. [read post]
7 Mar 2023, 9:04 am by David Oxenford
 This week brings news that the parties have filed a Motion asking that the Judge certify this designation to the FCC Commissioners to determine whether the case really should have been designated for hearing. [read post]
7 Mar 2023, 7:32 am by Unknown
Finally, the court addressed a procedural matter: whether the motion to dismiss should be converted to a motion for summary judgment because the defendants relied on matters outside of the pleadings. [read post]
7 Mar 2023, 6:18 am by Dan Bressler
” “The dispute over whether legal entanglements created conflicts for Panagakos and Otake began in mid-January, when prosecutors filed a motion asking the court to disqualify Panagakos and Otake, arguing ‘each have multiple, significant conflicts requiring their disqualification.'” “In their 40-page motion, prosecutors point to two sources of conflict. [read post]
7 Mar 2023, 5:31 am by Alistair Simmons
The D.C Circuit Court interpreted the “single function of the trigger” to mean a “single pull of the trigger” and “analogous motions. [read post]
7 Mar 2023, 5:01 am by Eugene Volokh
Fuglie (opinion by Chief Justice Jon Jensen): Jim Arthaud appeals a district court judgment granting Jim Fuglie's motion to dismiss. [read post]
7 Mar 2023, 5:00 am
The court ruled that the cases that survive a Motion to Dismiss based upon a failure to communicate allegations of repeated attempt to elicit a response from the carrier, which was not found in the Complaint at issue in this case. [read post]
7 Mar 2023, 4:46 am by Seán Binder
Pence’s motion is separate from a motion filed by Trump on the same day, which argues that Pence’s testimony is covered by executive privilege. [read post]
7 Mar 2023, 4:43 am by Matthew L.M. Fletcher
Idaho): 1 Complaint.pdfDownload 21 Motion to Dismiss.pdfDownload 25 Opposition.pdfDownload 26 Reply.pdfDownload 32 DCT Order.pdfDownload [read post]
7 Mar 2023, 4:02 am
The district court found, on Dairy Export Council's motion for summary judgment, that "the undisputed evidence produced by the parties in this case makes clear that the primary significance of the term GRUYERE, as understood by the relevant purchasing public in the United States, is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. [read post]
7 Mar 2023, 3:15 am by John Jenkins
District Court for the Southern District of New York denying a motion to dismiss in connection with a complaint alleging certain NFTs are securities will only add fuel to the flames of this growing fire.14 When in doubt, parties should give careful consideration to proactively disclosing any and all compensation received in connection with any promotional activity involving digital assets. [read post]