Sentences with phrase «also dismissed a motion»

For the same reason, he also dismissed the motion to add CCCC as a party to the proceedings.

Not exact matches

Also March 20, 2018: New York state Judge Jennifer Schecter rules against Trump's lawyers» motion to dismiss the defamation case by Summer Zervos, citing the Supreme Court's ruling in Clinton v. Jones that presidents are not immune from civil suits.

«One is a motion to dismiss in the interest of justice, primarily predicated upon internal emails among attorneys for the New York State Board of Election,» said attorney Joseph LaTona, who is also representing Maziarz.

Later this evening, his motion to dismiss the charges also was entered in the online court docket.

The judge also denied the state's motion to dismiss the suit.

An update on the court's website posted this afternoon says the panel will hear oral arguments on the motion to dismiss the suit and also calls on attorneys to update the court on the status of the U.S. Department of Justice's preclearance process.

The motion to dismiss also cited a Supreme Court decision from 2013, Sekhar v. United States, in which the justices restricted the definition of extortion under the Hobbs Act, an anti-racketeering statute enacted in 1946.

In a motion to dismiss filed last week, Silver's lawyers argued that the precedent in Skilling v. United States, which severely restricted the federal «honest services» law under which Bruno was convicted, should also apply to Silver's case.

They also questioned why Soares had never filed a motion to dismiss the case against the protesters, though he insisted he was «confident» it would have been denied by Carter.

Silver's lawyers have also filed motions to dismiss the indictment based on a Supreme Court precedent that led to the acquittal of former Senate majority Joe Bruno.

We have also successfully represented schools and school board members in defamation, negligence, and negligent supervision claims, having successfully defeated such claims on motions to dismiss.

in It's only the most important school funding case in our lives — Malloy supported it / Now he opposes it You can also read the State's stunningly obnoxious and insulting motion to dismiss the case at: http://ccjef.org/wp-content/uploads/States-Memo-of-Law-re-Motion-to-Dismiss-Jan-2013.pdf

The judge also dismissed an ICBC motion to declare a mistrial brought on the basis that there was «no evidence» to support the jury's awards.

The government has also filed a motion to dismiss in that case.)

Our Law.com blog compatriot Howard Bashman is also following developments in the case and posting the legal pleadings, including the complaint, the Web site owner's motion to dismiss and affidavit, and now defendant Alesia Roskov's answer and counterclaim.

Also weighing in on the case is the Free Software Foundation, which filed a brief Friday as amicus curiae in support of Tenenbaum's motion to dismiss.

The Supreme Court also expressly sanctions a party's use of a motion for directions to seek an order to stay or dismiss the summary judgment motion in circumstances where that motion is «premature or improper.»

It also took notice of the plaintiff's apparent failure to respond to the motion to dismiss, which could potentially have addressed the subsequent defendant's timeliness defense.

[13] I also agree with counsel that the chambers judge should not have dismissed Mr. J's claim on his own motion and without prior notice to Mr. J.

The lawyer's client, also an attorney, receives a solicitation pushing the client to hire new counsel and make a motion to dismiss on due process and jurisdictional grounds.

There appears to be some risk by the defendant in filing a motion to dismiss because if the court denies a motion to dismiss, the defendant may also be liable for the plaintiff's attorney's fees.

The Motion Judge dismisses the Appellant's motion (finds the employment agreement / termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9 months reasonable nMotion Judge dismisses the Appellant's motion (finds the employment agreement / termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9 months reasonable nmotion (finds the employment agreement / termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9 months reasonable notice.

The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language of the motion judge's order was not precisely the declaratory language sought by the sons.

The Court of Appeal held that the test for dismissing an action at a status hearing under Rule 48.14 (13) is NOT the same as the test for dismissing an action under Rule 24 (also a rule permitting dismissals for delay, but on the defendant's motion).

Mr. Dye has been also successful in getting numerous cases dismissed or reduced using various pretrial motions.

Attorney Nathan Sturycz, also of the Sturycz Watts law firm, alerts us that a Motion to Reconsider has been made to the court regarding its 18 June 2014 finding of probably cause and denial of the defendant's prior Motion to Dismiss.

Defendants prevailing on a successful motion to dismiss copyright infringement claims also requested $ 177,366.75 in fees (including $ 43,123.58 in «fees on fees») and $ 3,819.95 in routine costs.

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

In this claim as well, the court held that the motion judge did not err in dismissing the claim for negligent misrepresentation, but also varied the order to permit an amendment of the pleadings.

Also, even though the husband's appeal was dismissed on May 23, 2017, the he did not file his motion to set aside the dismissal order until three months later on August 24, 2017.

See also L. (N.) v. L. (R.), 2008 CarswellNB 26, [2008] W.D.F.L. 1265 (New Brunswick Court of Appeal 2008)(dismissing motion to stay change of access and custody pending appeal, on the basis of the same lower - court finding of alienation); L. (R.) v. L. (N.), 2007 CarswellNB 684 (below).

The Brokerage filed a motion to dismiss the Salesperson's lawsuit, arguing that the Brokerage was not subject to Title VII because it did not have 15 employees and also the Salesperson was an independent contractor, not an employee.

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).