Sentences with phrase «dismissed following motions»

Not exact matches

Bronx Borough President Ruben Diaz Jr. and FreshDirect CEO Jason Ackerman issued the following statement today upon learning that the motion to renew a previously dismissed lawsuit designed to stop FreshDirect's relocation to The Bronx has been denied by the courts.

A federal judge warned U.S. Attorney Preet Bharara that his «media blitz» following the arrest of Sheldon Silver endangered Bharara's prosecution of the former Assembly speaker, but ultimately denied Silver's motion to dismiss the case.

The motion to dismiss the case, filed in a New York court, gave a particularly scathing view of the argument against Apple peppered with such memorable phrases as the following:

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.

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.

The Court of Appeal in Trudel, following the decision of the Ontario Court of Appeal in Schreiber v. Federal Republic of Germany (2001), 52 O.R. (3d) 577, held that a motion to dismiss based on state immunity need not meet the «plain and obvious standard».

All three motions were dismissed, with the ONCA providing the following guidance to practitioners:

Following the Firm's filing a motion to dismiss plaintiff's complaint, the case settled on terms favorable to the Firm's clients.

To follow up on our story about Kentucky's Massey mine that is so unsafe that the Labor Department has moved to shut it down under federal supervision, last week, a federal judge rejected Massey's motion to dismiss the government's claim.

Master Baker dismissed the motion and made the following useful comments about document disclosure obligations under the new rules and the concept of proportionality:

The Appeals Court reversed and remanded, reasoning that the trial court incorrectly converted the 12 (b)(6) motion to dismiss into a motion for summary judgment and failed to follow caselaw related to other similar statutes.

The motion judge, following a 12 - day hearing, concluded that there had been no material change in circumstances and dismissed the father's motion.

Kaymar's action as against COTA and Carefor was dismissed following a summary judgment motion.

In denying the motion, the court relied on cases in which courts have declined to dismiss appeals following briefing and argument, particularly where the judges suspect a party settled to avoid adverse precedent.

In dismissing ICBC's motion the Court provided the following reasons:

The motion judge dismissed the defendants» motion on the basis that the Estate's claim was statute barred, as Mrs. Zimmerman, the Estate trustee, discovered the Acknowledgements in 2010 following her husband's death.