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7 Jun 2024, 6:23 am
The court denied the defendants’ cross-motion, leading to the appeal. [read post]
7 Jun 2024, 6:00 am
News came Wednesday (June 5) that the Consumer Financial Protection Bureau (CFPB) has set in motion what it terms a “process” for setting data sharing and technical standards. [read post]
7 Jun 2024, 5:57 am
.): 15 Second Amended Complaint.pdfDownload 26 US Motion to Dismiss.pdfDownload 31 Response.pdfDownload 34 Reply.pdfDownload 36 DCT Order.pdfDownload [read post]
7 Jun 2024, 5:00 am
USE OF PRODUCT WAS “OVERWHELMINGLY IN TEXAS”After the New York County Supreme Court denied defendants’ motion to dismiss the personal injury case (premised upon “toxin exposure”), an appeal ensued.On its review, the Appellate Division, First Department, noted that when a non-resident’s exposure to a toxin happens outside of its boundaries, New York’s “connection to the action ‘is tenuous at best. [read post]
7 Jun 2024, 3:00 am
Common types of injuries among custodial workers include but are not limited to: Slips, trips, and falls; Back injuries; Repetitive motion injuries; Sprains and strains; Overexertion injuries; Harmful exposure to cleaning chemicals, hazardous substances, and hazardous waste materials; Falls from heights, especially when required to perform maintenance tasks on ladders; and Struck-by injuries while stocking or moving supplies. [read post]
7 Jun 2024, 2:47 am
Why Was the Sharman TCPA Class Motion Denied? [read post]
6 Jun 2024, 4:55 pm
Under Rule 35(b), upon a government’s motion made within one year of sentencing, a federal court is allowed to reduce a sentence if, after sentencing, the defendant provided substantial assistance. [read post]
6 Jun 2024, 3:58 pm
Therefore, on the issue of liability only, Plaintiff's Amended Motion for Partial Summary Judgment is granted…. [read post]
6 Jun 2024, 3:18 pm
Attorneys have worked from industry standard forms of contracts, pleadings, and motions for years. [read post]
6 Jun 2024, 11:34 am
The United States District Court for the District of Columbia (Judge Contreras) granted a motion to withdraw as counsel sought by Susman Godfrey LLP notwithstanding the opposition of the client The underlying suit in this case involves a patent dispute... [read post]
6 Jun 2024, 10:40 am
And he gave reasons, which is unusual for run-of-the-mill motion decisions. [read post]
6 Jun 2024, 9:56 am
Nuance and Mach7 renewed its motion to dismiss to be responsive to the amended complaint. [read post]
6 Jun 2024, 9:10 am
Sam’s Club counterclaimed for breach of contract, alleging three counts: (1) Mint was insolvent as of April 2018 and thus, was in breach of the agreement; (2) Mint failed to meet […] The post Breach of Contract Claim Fails Motion for Summary Judgement, Must Provide Facts Proving Opportunity to Cure appeared first on Goldstein Law Firm. [read post]
6 Jun 2024, 9:02 am
A federal judge for the District of Minnesota recently dismissed General Motors’ (“GM”) motion to dismiss for failure to state a claim regarding an alleged unlawful modification to a dealer’s agreement. [read post]
6 Jun 2024, 7:14 am
It acknowledged that a motion to dismiss and a motion for class certification normally “will address distinct issues. [read post]
6 Jun 2024, 7:05 am
Defendant filed a motion to enforce the prior plea agreement, which the trial court denied in November 2018. [read post]
6 Jun 2024, 6:54 am
” “The trial court scheduled a hearing on Scrudder Bass’ emergency motion to withdraw, but the firm instead asked for an in-camera revue because it couldn’t publicly disclose the basis for the conflict because of client confidentiality. [read post]
6 Jun 2024, 5:00 am
.), the court addressed a Defendant’s Motion for Summary Judgment in a case filed by a Plaintiff who had allegedly tripped and fallen on the Defendant’s uneven sidewalk while jogging at night. [read post]
6 Jun 2024, 4:13 am
Mother was unhappy with the decision in this case, and one month later, she took the following actions: Mother filed a Motion for Emergency Custody, asserting Father had physically abused one of their children Mother filed a Motion for Modification of Custody and moved for permanent primary physical custody Mother reported Father to the Department of Social Services for alleged abuse, which was the third of similar reports made regarding Father’s alleged abuse Mother’s… [read post]
5 Jun 2024, 11:00 pm
CASE DISMISSED IN ABSENCE OF “COMPETENT PROOF”After a chiropractic practice sued the Motor Vehicle Accident Indemnification Corporation (“MVAIC”) to recover no-fault related monies for services provided to a patient, the latter sought --via motion for summary judgment – the case’s dismissal. [read post]
