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 n
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 n
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 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).