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31 Mar 2014, 1:18 pm by DMLP Staff
Frey moved to dismiss the First Amended Complaint, both for failure to state a claim (as to counts 1-6) and for a lack of subject matter jurisdiction over the state law claims (counts 2-7); the County filed its own motion to dismiss and also joined Frey's motions. [read post]
31 Mar 2014, 1:18 pm by DMLP Staff
Frey moved to dismiss the First Amended Complaint, both for failure to state a claim (as to counts 1-6) and for a lack of subject matter jurisdiction over the state law claims (counts 2-7); the County filed its own motion to dismiss and also joined Frey's motions. [read post]
31 Mar 2014, 1:18 pm by DMLP Staff
Frey moved to dismiss the First Amended Complaint, both for failure to state a claim (as to counts 1-6) and for a lack of subject matter jurisdiction over the state law claims (counts 2-7); the County filed its own motion to dismiss and also joined Frey's motions. [read post]
31 Mar 2014, 1:18 pm by DMLP Staff
Frey moved to dismiss the First Amended Complaint, both for failure to state a claim (as to counts 1-6) and for a lack of subject matter jurisdiction over the state law claims (counts 2-7); the County filed its own motion to dismiss and also joined Frey's motions. [read post]
13 Jun 2015, 10:13 am by Daily Record Staff
Employment law — Abusive discharge — Failure to state a claim On February 1, 2013, Gregory Panessa (“Panessa”) filed a one-count amended complaint (hereafter “the complaint”) in the Circuit Court for Howard County alleging that he was the victim of an abusive discharge by The Johns Hopkins University Applied Physics Laboratory, LLC, (“APL”). [read post]
26 Mar 2014, 2:39 pm
 Unknowingly having a temporary cache file in your computer may not count as 'possession' of child pornography in the federal system, but here in California, under state law, we say it does." [read post]
18 Jan 2007, 4:30 am
Appeals court throws out 1 Ressam felony conviction, Seattle Times, Jan. 17, 2007.Ressam is represented by federal public defender Tom Hillier (also a Trial Ad instructor).The case is here: United States v. [read post]
20 Oct 2015, 3:59 pm by Danielle Wild
  The First Department held that "a conviction obtained in violation of Catu implicates rights under the federal Constitution as well as the state constitution" and therefore cannot be counted as a predicate felony under CPL 400.15(7)(b) -- even if the plea was accepted before the Court of Appeals decided Catu.The Smith decision is a huge success for the criminal defense bar. [read post]
5 May 2011, 5:00 am by Victoria VanBuren
Concepcion and the Bright Side of the Force, Disputing (May 2) Opinion analysis: What counts as arbitration, and who decides? [read post]
22 Jan 2022, 7:54 am by Gregory B. Williams
Burke recommends that the Court grant Defendants’ Motion for Judgment on the Pleadings seeking the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint which purport to assert state law claims for conversion, unjust enrichment, and negligent misrepresentation. [read post]
31 Jul 2020, 11:54 am by David Super
Walker embraces a fringe legal theory that would count six very old resolutions from states that sought an Article V convention without specifying a particular purpose. [read post]
5 Sep 2019, 2:15 pm by Peter J. Toren
In August, the United States Attorney’s Office (USAO) for the Northern District of California charged a pioneer of self-driving car technology, Anthony Levandowski, with 33 counts of theft and attempted theft of trade secrets from Google under 18 U.S.C. [read post]
7 Feb 2012, 4:48 pm by Orin Kerr
(Orin Kerr) Having read Judge Reinhardt’s opinion in Perry v. [read post]