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23 Feb 2023, 11:16 pm by Florian Mueller
The DOJ motion explicitly refers in its D.C. motion to the California case, where an evidentiary hearing over this same issue was already held last month. [read post]
23 Feb 2023, 9:16 pm by Josh Blackman
Cruz filed a motion for state postconviction relief based on Arizona Rule of Criminal Procedure 32.1(g). [read post]
23 Feb 2023, 9:01 pm by Austin Sarat
But it is not too early to applaud them for insisting that judges (and the rest of us) remember that law does not exist in a vacuum.Their carefully crafted and extensively documented motions call on judges to confront the reality of America’s racist past and continuing institutional racism before they allow the government to carry out any more legal lynchings. [read post]
23 Feb 2023, 8:45 pm by Chijioke Okorie
Readers would recall that last year (2022) in September, a motion was moved and adopted in South Africa’s Parliament to support the adoption of the Copyright Amendment Bill which the President of South Africa returned to the Parliament for reconsideration on the grounds that some of its provisions and the process leading to its earlier passage into law may not pass constitutional muster and may therefore be vulnerable to constitutional challenges. [read post]
23 Feb 2023, 2:56 pm by Holman
On motion for summary judgment, the district court found the asserted claims ineligible under § 101 because the claims were solely directed to non-functional printed matter and because the claims were directed to the abstract idea of “[using] an identifier to communicate information about the power injectability of the underlying port” with no inventive concept. [read post]
23 Feb 2023, 12:42 pm by Norman L. Eisen
The Reporters Committee for Freedom of the Press then filed a motion to “unseal the appeals court’s order and all briefing in the case, including filings submitted by the government, Perry, and the U.S. [read post]
23 Feb 2023, 10:00 am by Scott Hervey
In ruling on the station’s motion to dismiss, the court held that Taggart did not have a copyright interest in unprepared and spontaneous utterances during an interview and dismissed his copyright claim. [read post]
23 Feb 2023, 8:36 am by Eugene Volokh
In early January 2022, the district court denied Jasper's motion; however, by that time, Jasper had already withheld Carlos's Christmas 2021 parenting time in violation of the June 2019 custody order. [read post]
23 Feb 2023, 7:56 am by Alex Phipps
Defendant argued (1) a missing page of the transcript justified a new trial; (2) error in denying his motion to dismiss the incest charge; (3) error in denying his motion to suppress; and (4) a clerical error in the judgment required remand. [read post]
23 Feb 2023, 6:57 am by John Elwood
” The Supreme Court will meet this Friday to consider whether to grant review in a group of around 95 petitions and motions. [read post]
23 Feb 2023, 6:53 am by Andrew Flusche
Typically, your lawyer will file a motion to suppress evidence obtained from an illegal traffic stop. [read post]
23 Feb 2023, 5:58 am by Matthew L.M. Fletcher
.): 59 Motion to Dismiss 73 Response 76 Reply 77 Magistrate Report 78 DCT Order Adopting Magistrate Report Prior post here. [read post]
23 Feb 2023, 5:01 am by Eugene Volokh
On December 22, 2022, Defendants filed a motion to seal the entire record, which Plaintiffs consented to as part of the Settlement…. [read post]
22 Feb 2023, 10:00 pm
Even though the subpoena warned that the failure to appear was punishable as a “contempt of court,” which carried the possibility of fines and/or imprisonment, the defendant failed to show up.When the firm moved by order to show cause to find the defendant in contempt, the court set March 26, 2018, as the hearing date, and even thought the paperwork had been technically compliant, and was timely served on defendant, when the latter failed to appear, the court denied the motion… [read post]
22 Feb 2023, 5:45 pm by Scott McKeown
From uploading unauthorized motions and exhibits, to contacting the Board without a meet and confer and/or adding improper argument to emails, or simply misrepresenting case law and easily ascertainable facts during oral argument, there is rarely any meaningful downside for such conduct. [read post]
” Other OEM has more success on motion to dismiss Another major auto manufacturer recently faced a CFAA lawsuit based on faulty OTA software updates, but succeeded in disposing of the case on a motion to dismiss. [read post]