Not exact matches
Bergdahl's defense team filed a last - minute
motion on Oct. 23 to completely
dismiss the case against him,
citing past statements in which Trump had referred to the sergeant as «a no - good traitor who should have been executed» during his presidential campaign.
In July, Zenefits filed a
motion to
dismiss,
citing California's anti-SLAPP (strategic lawsuit against public participation) statute, aimed at preventing the use of legal action to censor critics.
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.
Olanipekun urged the appeal panel to
dismiss Nwofor's
motion, arguing that the cases
cited by the lawyer were not applicable to the case.
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.
Nevertheless, on page 20 of his Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants National Review and Mark Steyn's
Motion to
Dismiss, Mann and his Big Tobacco lawyer falsely
cite the House of Commons report in Paragraph Two of Section C, titled «Dr Mann is Exonerated»:
UCLA's Carlson said that the defendants will continue to file
motions to
dismiss the case
citing different arguments — that the court doesn't have jurisdiction in such a case, for instance, or that the defendants don't have standing, or that federal law doesn't provide any recourse in such a lawsuit.
[5] Judge Sippel's
motion to
dismiss cited Holmstead's «multiple conflicts of interest» in reference to his career between EPA and as a representative for coal mining and utility company clients.
Noting cases involving the California Bar Association, Martindale Hubbell, Esquire Publishing and The El Paso Times in which opinions about attorneys constituted protected speech, Avvo's
Motion to
Dismiss cites extensive case law protecting media outlets» First Amendment rights and rebuts the allegations in the Class Action Complaint.
Maybe the cases
cited by opposing counsel are procedurally distinguishable:
motion to
dismiss vs. summary judgment.
On Dec. 28, district prosecutors filed their own
motion to
dismiss the case,
citing a lack of evidence to prove the case beyond a reasonable doubt.