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15 Jul 2024, 10:47 am
This change will significantly shorten state case citations and leave more room in briefs and motions for substantive arguments. [read post]
15 Jul 2024, 10:13 am
"To provide sufficient opportunity to consider the merits of the motion to stay the FCC's order, we conclude that an administrative stay is warranted. [read post]
15 Jul 2024, 9:31 am
In Monday’s ruling, District Judge Aileen Cannon reluctantly, and only for limited purposes, accepted Smith’s claim that as special counsel he was an “inferior” officer, but found his appointment violated the clause regardless: the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? [read post]
15 Jul 2024, 9:01 am
This motion set the stage for Judge Aileen Cannon to dismiss the case on July 15, 2024. [read post]
15 Jul 2024, 9:01 am
This motion set the stage for Judge Aileen Cannon to dismiss the case on July 15, 2024. [read post]
15 Jul 2024, 9:01 am
This motion set the stage for Judge Aileen Cannon to dismiss the case on July 15, 2024. [read post]
15 Jul 2024, 8:15 am
Criminal procedure — Miranda rights — Motion to suppress Following a bench trial in the Circuit Court for Anne Arundel County, Jose Onan Alvarez-Garcia (“Alvarez-Garcia”), appellant, was convicted of first-degree assault, second-degree assault, and wearing and carrying a dangerous weapon with the intent to injure. [read post]
15 Jul 2024, 7:18 am
Regardless of the explanation, the present Motion requires careful analysis of the statutory landscape to ensure compliance with the Constitution, and the Court has endeavored to do so with care. [read post]
15 Jul 2024, 6:49 am
Inc. bankruptcy non-judicial, Thursday’s motion said. [read post]
15 Jul 2024, 6:00 am
If the motion is denied, the case moves forward. [read post]
15 Jul 2024, 5:00 am
.), the court granted in part and denied in part a Motion to Dismiss in a case involving claims of intentional and negligent infliction of emotional distress relative to the shooting of the Plaintiff's dog.In this matter, the only injury claimed was to the Plaintiff’s dog. [read post]
15 Jul 2024, 4:57 am
In a short opinion, the appeals court explained that in the posture of a pre-answer dismissal motion like Robert’s, the motion court is required to “accept the facts as alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (quotations and brackets omitted]). [read post]
15 Jul 2024, 4:50 am
Even under the standard of a motion to dismiss, after affording Plaintiffs every favorable inference, the court finds that the complaint fails to adequately plead causation to survive the motion at this stage. [read post]
15 Jul 2024, 3:04 am
" And so, the Board denied the summary judgment motion as to the fraud claim. [read post]
15 Jul 2024, 1:05 am
The motion can be found here and the debate is available to watch here. [read post]
14 Jul 2024, 10:12 pm
Navigating the complexities of a child custody hearing can be challenging and emotional for parents. [read post]
14 Jul 2024, 9:01 pm
The court granted WCG’s motion to dismiss this claim. [read post]
14 Jul 2024, 6:35 pm
Regarding the requirement of reliance, the court explained that this element is typically not suitable for a motion to dismiss unless a fully integrated contract has as an anti-reliance clause. [read post]
14 Jul 2024, 3:11 pm
They are not, however, questions I need to answer to resolve the Motion. [read post]
14 Jul 2024, 2:59 pm
Since the plaintiff’s motion essentially sought to revisit issues already decided, the court denied the motion for reconsideration. [read post]