Sentences with phrase «after dismissing a motion»

Not exact matches

On November 26, 2013, the court granted in part and denied in part Parent's motion to dismiss, allowing claims to proceed against Parent and Margaret C. Whitman based on alleged statements and / or omissions made on or after May 23, 2012.

A US lawsuit alleging that the practice of killing cows to increase the price of milk — known as «herd retirement» — violates anti-trust laws will go to court after a motion to dismiss the case was rejected.

The Nadoli Kaleo MP revealed this on Asempa FM's Ekosii Sen programme Thursday after the Speaker of Parliament, Edward Doe Adjaho dismissed a motion filed by the Minority to investigate President Mahama after he admitted receiving a luxury vehicle, a Ford Expedition, as a gift from a Burkinabe businessman in 2012.

The fight over the future of the Western New York Children's Psychiatric Center will continue in the courts after a judge denied a motion to dismiss a lawsuit against Cuomo and State Mental Health Commissioner Ann Marie Sullivan.

The district attorney said he expects to see them either dismissed after the judge reviews motions filed by his attorney William Dreyer or to be acquitted if his case goes to trial.

The motion from the defense comes a day after two legal defense groups, the National Association of Criminal Defense Lawyers and the New York State Association of Criminal Defense Lawyers, sought to file a brief on behalf of Mr. Silver's motion to dismiss.

That win comes after Selna earlier denied Toyota's motion to dismiss class - action lawsuits from owners who says their Lexus or Toyota models lost value because of the sudden acceleration issue.

Ford Motor Company is awaiting trial for a lawsuit levelled against the automaker in 2013, after a federal judge in New York dismissed Ford's motion to throw out the case earlier this month, reports The Detroit News.

In July this year, after the case had survived various motions to dismiss, Judge Denise Cote at the United States District Court Southern District of New York, denied class certification in the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been met.

If you still owe on the judgment, you can negotiate with your opponent's attorney to get an agreement that they will stand still after you pay the debt so that you can file a motion to dismiss the judgment.

After you file it, and your opponent fails to answer the motion, the judgment will be dismissed.

Epic fired back a counterclaim and motion to dismiss in August, saying that Silicon Knights wants to «unlawfully enrich itself» at the Unreal Engine 3 maker's expense after «having exploited Epic's intellectual property to its advantage».

Then after Crytek filed for discovery to commence, CIG immediately filed a protective order to delay discovery until the judge ruled on the motion to dismiss — which they stand zero chance of prevailing on.

The former co-publisher of Artforum, Knight Landesman, has filed a motion in a New York court to dismiss a suit brought by former Artforum employee Amanda Schmitt who alleges that Landesman subjected her to sexual harassment throughout and after her time at the magazine.

In other news: Knight Landesman files motion to dismiss harassment suit; French - Chinese artist missing after Liu Xiaobo tribute in Shenzhen

On March 1, U.S. District Judge William Alsup requested that the United States study these lawsuits and file a friend - of - the - court brief that would be due 10 days after briefing is completed on anticipated motions to dismiss filed by the various fossil fuel companies.

It did not find that the appeal was moot because the trial court ruled on the motion to dismiss after the filing of the amended complaint.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

And so, after wasting a bunch of time with motions to dismiss the case on the basis of this mistake, Mann's lawyers filed an amended complaint, Steyn's and the other defendants» lawyers got paid even more, and the case ended up exactly where it was before, except that now the defendants are whining even more about how much the procedural stuff is costing them.

A lawsuit challenging subsidies for New York's nuclear plants will head to trial after the state's Supreme Court rejected motions to dismiss it.

After you fulfill this obligation, you need to file a motion to the court and they will dismiss your case resulting in no points and no conviction.

Aaron H. Darsky, a San Francisco litigator, agreed to dismiss the case after Avvo brought a motion to strike the complaint under California's anti-SLAPP law, according to Avv0's press release.

If a party brings a motion before the Rule 48.14 dismissal date, the matter shall not be dismissed for delay until the motion is heard, even if the matter is heard after the dismissal date [para. 7].

Laura has successfully argued a motion to dismiss a federal securities fraud class action, examined the expert witness and conducted the post-trial argument on evidentiary and valuation issues in an appraisal action in Delaware Chancery Court, and obtained a favorable federal jury verdict after a multi-day prisoner civil rights trial.

Defense lawyers weren't convinced, and filed a motion to dismiss shortly after the hearing.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

Scott filed a motion to dismiss the action and, after reviewing the motion, the Securities Department voluntarily dismissed the action.

If you file a lawsuit after the statute of limitations has expired, then you can expect the defendant to file a motion requesting that your case be dismissed and you can expect the court to grant that motion.

After considering the evidence, the motions judge held that the deficient disclosure was not egregious enough to amount to no disclosure at all, and the franchisee's rescission claims were dismissed.

Judge Zayner issued a tentative ruling on a motion to dismiss several claims in the suit, but didn't issue a final ruling after hearing oral arguments, according to Law360.

Holding: On a motion for sanctions against respondent opposing plaintiff's counsel for failure to convey a settlement offer, the court may after dismissing substantive claims retain jurisdiction to...

It was initially heard by a single judge, who dismissed the motion after finding that the Release did not bar the Plaintiff's claim.

But after the time period is over the claim may be dismissed upon motion by the opposing counsel.

Judge Geraldine Hines denied Zak's petition after hearing arguments from Foley Hoag, which then filed a motion to dismiss the case.

In dismissing the appeal, the majority invited RBC to bring a motion for an order requiring a Scotiabank representative to be examined, after which time the Statement would be properly producible under law.

If you file your lawsuit in a Wisconsin court after the statute of limitations expires, then you should expect that the defendant will quickly file a motion to have your case dismissed, and that the court will grant that motion.

A motion judge dismissed the city's attempt to have the claim struck, concluding that the 10 - day notice period did not start to run until after the grandmother took on her duties.

Prosecuted trade secret and related claims against a major government contractor, replacing predecessor counsel after the complaint was dismissed, defeating a motion to dismiss an amended complaint, and developing critical evidence in discovery that led to a favorable settlement.

After the federal parties filed their notice of appeal to this Court from the District Court's grant of the preliminary injunction as to «indecent» communication, the Court of Appeals for the Ninth Circuit entered an order directing Sable either to file a motion for voluntary dismissal or to show cause why the appeal should not be dismissed for lack of jurisdiction.

Represented client after remand from the 3rd Circuit Court granted a renewed motion for summary judgment dismissing a slander per se action for failure to show special harm.

In what industry observers are calling a «landmark victory» after more than 5 months of «bet the company» litigation, the United States Bankruptcy Court for the Southern District of Texas has rejected motions to dismiss or convert Omega's chapter 11 cases or for relief from stay filed by Omega's Senior Lenders and supported by Omega's Junior Lenders and Unsecured Creditors» Committee (more...)

A California federal judge has granted the Internal Revenue Service's motion to dismiss a $ 7 billion lawsuit brought by Facebook Inc. that alleged the IRS unjustly denied the social media company's right to appeal the agency's decision to adjust its taxes after an audit of its returns.

In a long - standing commercial tenancy dispute producing an earlier appellate opinion reversing a SLAPP motion, a former landlord (plaintiff and cross-defendant) finally prevailed against tenant when the trial judge after a bench trial awarded landlord $ 85,000 in back rent plus prejudgment interest after tenant dismissed her cross-complaint.

The plaintiff's claim was initially dismissed after her attorney failed to respond to a motion to dismiss the case or attend the hearing to argue against it.

The Respondents» motions were dismissed, however, and the hearing of the appeals on the merits was adjourned to a date to be determined after the expiry of the period during which the effect of the declaration of invalidity was suspended.

After extensive without prejudice settlement discussions, KPMG's motion was dealt with in writing, and dismissed late last year by the Federal Court of Canada.

The Ninth Circuit denied the Joint Motion to Dismiss the Appeal and Vacate the Judgment, filed after the parties settled.

(2) If the plaintiff does not file a case conference report within two hundred and forty (240) days after the service of a summons and complaint upon a defendant, the case may be dismissed as to that defendant upon motion or on the court's own initiative, without prejudice.

Weil took over the case from another major law firm after an adverse ruling on a motion to dismiss.

He has won numerous judgments on behalf of municipal police officers and Town officials at both the motion to dismiss and summary judgment stages, and has obtained defense verdicts both at trial and after appeal in the First Circuit Court of Appeals and the Massachusetts Appeals Court.