Sentences with phrase «considering dismissing the motion»

This was done to ensure that the plaintiffs and the defendants received notice of the fact that the court was considering dismissing the motion and possibly the full action for being frivolous, vexatious, or otherwise an abuse of the process of the court.

Not exact matches

In a motion to dismiss his indictment in July, Menendez's attorneys argued his meetings and interactions with executive branch officials can't be considered official acts under the McDonnell ruling.

In the new court papers by the former LPCiminelli executives, lawyers seek an expedited hearing before the judge to consider their new motion to either dismiss the case or move it to Buffalo.

«It is bizarre for the Right Honourable Gentleman [Mr Starmer] to dismiss it without having yet seen it and when committee members have had an opportunity to consider it fully and reflect on it I think they will reasonably conclude that the Government has fully discharged the terms of the motion.»

State Attorney General Eric Schneiderman has filed a motion to dismiss, which is still being considered.

The judge, who is encouraging the parties to negotiate their differences, is considering a motion by the state to dismiss the entire suit, which would make moot the efforts to question Andrew Cuomo, who is now in private law practice.

In considering a defendant's motion to dismiss, the court must assume that allegations in the complaint are true, so that any challenge at this stage is made strictly as a «matter of law» — what the law of your state says about a specific situation.

You might consider hiring a lawyer to draft your motion to dismiss, or to draft your response to one.

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

Practitioners should consider motions to dismiss for improper venue, or motions to transfer to a new district in light of the «TC Heartland» decision.

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.

Therefore, the trial court correctly considered Husband's post-petition conduct when deciding the motion to dismiss.

In Neuberger v. York, a decision of Justice Greer released in November 2014, she considered a motion to dismiss a will challenge that... read more

The parents appealed the motion judge's order to the ONCA, arguing that the motions judge had not considered and applied all of the elements of the test for dismissing an appeal for delay, particularly the merits of their appeal.

In evaluating plaintiff professional tax preparer's claim that he was defamed by a local news broadcast about «unscrupulous» tax preparers, the Norfolk U.S. District Court will not consider video clips defendant TV station filed with its motion to dismiss, and...

Jacqueline's panel, «Responding to a Complaint,» will discuss collecting evidence, initial contact with the opposition, considering counterclaims and filing a motion to dismiss, among other topics.

In partially granting and denying the (12 (b)(6)-RRB- motion to dismiss the counterclaims, the Northern District examined the pleading elements for joint - author copyright infringement and tortious interference claims and considered the reach of contractual indemnification provisions.

The reasons show that the Tribunal did not distinguish between the material filed by the parties in relation to the Government's motion to dismiss and the materials filed in relation to the merits of the complaint and it considered material filed outside of the motion context in deciding the issues before it.

T -1274-12, Prothonotary Aronovitch considered factors relating to the nature of the issue of quantification and its complexity to dismiss a motion for bifurcation, stating in part ``... bifurcation presents a clear prejudice to the plaintiff who in the event that it is successful at the liability stage, will have to engage in a second proceeding, and will thereby be deprived of a timely remedy.»

Maryland federal court has considered a multiple listing service's motion to dismiss two antitrust allegations made in a counterclaim to the multiple listing service's copyright infringement lawsuit.

An Illinois federal court has considered whether to grant NAR's motion to dismiss part of the lawsuit brought by the United States Department of Justice («DOJ») over NAR's virtual office website («VOW») policies.

A Texas federal court has considered a motion to dismiss a lawsuit filed by a member containing antitrust violations over a REALTOR ® association's administration of a professional standards hearing.