Sentences with phrase «cases motion materials»

In some cases motion materials do not have the required evidence, providing either too little information, or too much information (i.e., confidential or privileged information is being disclosed).

Not exact matches

Thus, despite his difference from the theory of material atomism, Descartes similarly divided all entities into two basic groups, in his case a one primary physical entity, and the group constituted by all derivative entities, the plurality of bodies which, he agreed, were composites of varying degrees of complexity by reason of the differential motion of their constituent parts.

Whether the ions are lithium ions, in the case of lithium ion batteries, or oxygen ions, in the case of the oxide materials, their reversible motion causes the material to expand and contract.

The site uses interactive graphical tools to help users find information about the court, the justices and the cases, with links to analytical and legal materials, including motions, briefs and opinions.

In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the case on the basis the statement of claim pleaded no material facts... [more]

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

The next major step in this case will be the filing of affidavit material by the plaintiff in support of a motion to have this case certified as a class action.

It provides trial attorneys with a basic motion in limine which states that the evidence of a Plaintiff's immigration Status should be excluded because pursuant to Trial Rules 401 - 403 it is not relevant to ant material issue in the case and would create an unfair prejudice.

The defendant in the Arkansas case, the building materials company Stoam Holdings, filed a motion for a new trial last week claiming that juror Jonathan Powell posted eight tweets during the trial using his cell phone.

«Facing Summary Judgment Motions», Tricks of the Trade 2012: Winning the Serious Case: Practice Strategies, Updates and Tips, The Advocates» Society Conference Materials, Toronto: January 27, 2012

In order to succeed in a motion for summary judgment, the moving party must establish that there is «no genuine issue of material fact» and that the case should be decided in favor of the moving party.

However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.

The solutions proposed include more staff scrutiny of material filed, availability of «unbundled» representation services, limitations on self - representation, and case management to prevent unnecessary interlocutory motions.

When I consider proportionality in the context of the means of the parties, I must seriously question whether the motions brought forward in this case required the filing of lengthy facta, casebooks, and affidavits of the length and detail contained in these motion materials.

[17] In his written material contained in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's client.

The case was not complex and, other than bald statements made in submissions by Mr. Sharqui, there was no evidence provided to contradict the allegations advanced in the statement of claim and the material filed on the motion.

The summary judgment ruling followed the court's July 30, 2015 denial of the plaintiff's motion for class certification, in which the court, among other things, rejected Plaintiff's attempt to apply California law to a nationwide class in this case, concluding that there were material differences in states» right of publicity laws, and that other states» interests in applying their own right of publicity laws outweighed California's.

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»