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28 Jun 2024, 6:31 am
., the filing of a complaint) is quite different from getting to the merits—much less surviving the motion to dismiss stage. [read post]
28 Jun 2024, 6:05 am
Author’s note: Security Council Report (SCR) is an independent think tank dedicated to supporting a more effective, transparent, and accountable U.N. [read post]
28 Jun 2024, 6:00 am
The Northern District of New York recently denied an insurer’s motion to dismiss a bad faith claim, finding that the complaint alleged that the insurer violated New York’s law against deceptive acts and practices. [read post]
28 Jun 2024, 5:51 am
“Smart borders” include “remote video surveillance, drones, automated license plate readers, motion sensors, [and] integrated fixed towers [IFTs]. [read post]
28 Jun 2024, 5:32 am
The aggrieved party may file a motion for contempt, leading to a hearing where evidence and arguments are presented. [read post]
28 Jun 2024, 5:20 am
As a result, while the wheels may be in motion to eventually add the COVID-19 vaccine to the VICP, absent any significant and unexpected legislative developments, the addition isn’t likely to happen particularly soon.So, for now, filing a claim under the CICP may still be the best option (though anyone who is thinking about filing a claim should consult with a vaccine attorney). [read post]
28 Jun 2024, 3:00 am
Manis, managing partner of MCA, has presided over legislative and special event successes on behalf of clients such as the Motion Picture Association, the Baltimore Ravens, the Maryland Association of Certified Public Accountants and Pfizer. [read post]
28 Jun 2024, 2:24 am
You might think that after 6,000 years there would be very little left to invent – but not for Frank Gilbreth, who in the early 1900s began to optimize bricklaying, reducing “the usual 18 motions of a bricklayer to five” and developing an “adjustable scaffold so the bricklayers do not have to bend so much. [read post]
27 Jun 2024, 9:07 pm
” That line is going to get trotted out all the time now when debtors make motions based on section 105(a) without a tie-in to an express authority. [read post]
27 Jun 2024, 2:56 pm
If the plaintiffs or neutral evaluation do not agree the employer sufficiently cured the allegations, the employer “may file a motion to request the court to approve the cure and submit evidence showing correction of the alleged violations. [read post]
27 Jun 2024, 2:29 pm
Ducey, and Staten Island University Hospital (SIUH), the court faced motions and a cross-motion addressing the appropriateness of a repeat cesarean section (C-section) performed on Dray. [read post]
27 Jun 2024, 1:28 pm
I have visited many court rooms, took part in many cases, tried cases, had many conferences, had many hearings and litigated numerous motions. [read post]
27 Jun 2024, 12:34 pm
Regarding the mother’s cross-motion, the court found the father had provided proof of the required life insurance, and therefore, her request for enforcement was denied. [read post]
27 Jun 2024, 11:51 am
On July 3, 2024, we expect to receive a ruling in the Ryan lawsuit on plaintiffs’ motion to enjoin the FTC’s non-compete ban pending disposition of the litigation on the merits. [read post]
27 Jun 2024, 11:19 am
The agency should probably brace itself for a wave of motions to dismiss in these pending cases; the agency might well have no recourse but to allow the cases to be dismissed and then to have to take up the question of whether to renew the proceedings in the form of a federal court civil action with a right to a jury trial. [read post]
27 Jun 2024, 9:36 am
The defendant then filed a motion to set aside the verdict on the grounds of both the departure from the standard of care and proximate cause, seeking judgment as a matter of law to dismiss the complaint against him. [read post]
27 Jun 2024, 9:29 am
Rahimi, the Supreme Court treated his motion to dismiss as a facial challenge, and only considered whether Section 922(g)(8) could be validly applied to him. [read post]
27 Jun 2024, 9:01 am
”), “it is not for the court to decide on a motion to dismiss whether a consumer might or might not reasonably understand the Influencer’s actual representation to suggest. [read post]
27 Jun 2024, 7:53 am
At the motion to dismiss stage, the record companies need only allege a plausible case based on the reasonable inferences in their complaints.[4] Once they cross that hurdle, they can use the discovery process to force Suno and Udio to produce information on the data sets they used to train their AIs. [read post]
27 Jun 2024, 7:29 am
This post summarizes Smith v. [read post]