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22 Feb 2023, 1:42 pm by Courtenay C. Brinckerhoff
” Distinguishing Natural Alternatives The opinion distinguishes Natural Alternatives, where, “claims directed to dietary supplements containing beta-alanine” were upheld against an eligibility challenge at the motion to dismiss stage. [read post]
22 Feb 2023, 1:40 pm by Anna E. Bullock
Plaintiffs’ motion is supported by several expert reports, including those drafted by economist Dr. [read post]
22 Feb 2023, 1:07 pm by Dennis Crouch
Goliath narratives from being used to sway juries—which come up in the context of motions in limine, objections, and other pretrial and trial matters—where it might in fact be more like large private equity funders versus large operating companies. [read post]
22 Feb 2023, 12:21 pm by Race to the Bottom
Trustee, Andrew Vara, voiced similar concerns in a motion to the judge and stated that the law firm’s disclosure in its application to represent FTX in the bankruptcy was “wholly insufficient to evaluate whether [Sullivan & Cromwell] satisfies the Bankruptcy Code’s conflict-free and disinterestedness standards. [read post]
22 Feb 2023, 9:34 am by Alec Pronk
District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patent infringement liability. [read post]
22 Feb 2023, 9:34 am by Alec Pronk
District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patent infringement liability. [read post]
22 Feb 2023, 7:24 am
The most common workers' compensation claims involving office employees involve injuries caused by repetitive motions or repetitive strain on a specific body part. [read post]
22 Feb 2023, 6:58 am by Jonathan H. Adler
§2255 motion were insufficient, even if true, because he had not alleged "that a plea offer was made but not communicated to [him]. [read post]
22 Feb 2023, 6:48 am by Phil Dixon
If there is any evidence in the record from which the finder of fact could determine the substance was a controlled substance—whether or not that evidence was properly admitted or reliable—then the evidence is sufficient to withstand a motion to dismiss for insufficient evidence. [read post]
22 Feb 2023, 6:46 am by Legal Profession Prof
Attorneys for Rudolph Giuliani in the District of Columbia bar discipline matter filed a motion yesterday for leave to file a response to Disciplinary Counsel's post-hearing filing that exceeds the 14,000 word limit set forth in the Rules of the... [read post]
22 Feb 2023, 6:07 am by Bob Ambrogi
“The Court finds that the Defendants allege sufficient facts to state plausible claims for relief in Counts 1, 2, 3, and 4 to survive the Motion to Dismiss,” she concluded. [read post]
22 Feb 2023, 5:53 am by jonathanturley
If Lowery makes it through a motion to dismiss, he could start to call some of these officials into depositions. [read post]
22 Feb 2023, 5:10 am by Andrew Lavoott Bluestone
When a special proceeding is converted into a plenary action in accordance with CPLR 103(c), the petition is deemed a complaint, not a motion for summary judgment (see Matter of David H. [read post]
22 Feb 2023, 2:29 am by The Law Office of James K. Meehan
In the subject case, it ultimately denied the defendant’s motion on the grounds that information regarding the plaintiff’s immigration status was not relevant to his claims. [read post]
22 Feb 2023, 12:30 am by Jared Staver
Examples include: Whiplash – This occurs when your neck is suddenly lurched forwards and backward violently, similar to a whipping motion. [read post]
21 Feb 2023, 10:00 pm
Nor was there any evidence that Benjamin Poch was driver of the vehicle that hit Lilleth.Given those impediments, the AT2 thought the motion was providently decided by the court below and allowed the dismissal to stand.Do you think someone was sleeping at the wheel here? [read post]