Lalonde, J.
dismissed the motion on the basis that the plaintiffs failed to exercise due diligence in ascertaining Enbridge's involvement.
The motions judge found that the databases and the CD ‑ ROMs reproduced individual articles, not the collective work of the newspapers, but
dismissed the motion on the grounds that there were genuine issues for trial.
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.
On Aug. 18, U.S. District Judge William Orrick denied Bayer's
motion to
dismiss that lawsuit.
The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any
motion to
dismiss,
motion to strike,
motion for judgment
on the pleadings,
motion for complete or partial summary judgment,
motion for summary adjudication, or any other dispositive
motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
A federal court in Alexandria, Virginia,
on Tuesday granted a
motion by the special counsel Robert Mueller's office to
dismiss several charges brought against Rick Gates, the former deputy chairman of Donald Trump's presidential campaign.
U.S. prosecutors are scheduled to respond
on March 19 to a Brooklyn man's
motion to
dismiss charges that he conspired to defraud buyers of two new crypto - currencies by falsely telling the investors that the digital tokens were backed by diamonds and real estate.
On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross
motion for summary judgment, asking the U.S. District Court for the District of Columbia to
dismiss a law suit brought by the National Association for Fixed Annuities.
On November 26, 2013, the court granted in part and denied in part Parent's motion to dismiss, allowing claims to proceed against Parent and Margaret C. Whitman based on alleged statements and / or omissions made on or after May 23, 201
On November 26, 2013, the court granted in part and denied in part Parent's
motion to
dismiss, allowing claims to proceed against Parent and Margaret C. Whitman based
on alleged statements and / or omissions made on or after May 23, 201
on alleged statements and / or omissions made
on or after May 23, 201
on or after May 23, 2012.
On November 26, 2013, the court granted in part and denied in part Parent's
motion to
dismiss, allowing
In June 2017, minutes before the hearing
on defendants»
motion to
dismiss, a partial settlement was entered into with the members of the Board for $ 11.5 million.
AT&T has filed a
motion that would
dismiss the FTC's suit
on «deceptive» mobile data throttling.
On December 4, Judge Brian M. Cogan denied the government's
motion to
dismiss the case, saying the government's promise of changes to how it will implement the law were not enough to merit dismissal.
While we can not predict the nature, timing or location of additional lawsuits based
on these reports, history indicates that crafty plaintiffs» lawyers will continue to utilize report findings to assert claims and refute early
motions to
dismiss.
A judge has granted Dannon's
motion to
dismiss a high - profile false advertising lawsuit alleging shoppers were misled by its «all - natural» claims
on dairy products from cows that may have eaten GM feed.
Filed
on January 30, 2015,
Motions to
Dismiss Papers by FIFA and the others make it very clear who should be held liable in future concussion lawsuits.
The office of Preet Bharara, the United States attorney for the Southern District of New York, asked a federal judge to deny a
motion by Assemblyman Sheldon Silver to
dismiss his indictment
on grounds that Bharara orchestrated a «media firestorm» around the arrest of the former speaker.
In court
on Friday, attorneys for both Smith and Halloran said they will make
motions to
dismiss some of the charges.
The Nadoli Kaleo MP revealed this
on Asempa FM's Ekosii Sen programme Thursday after the Speaker of Parliament, Edward Doe Adjaho
dismissed a
motion filed by the Minority to investigate President Mahama after he admitted receiving a luxury vehicle, a Ford Expedition, as a gift from a Burkinabe businessman in 2012.
On Thursday, State Supreme Court Justice Catherine Panepinto denied a
motion by Cuomo and Office of Mental Health Commissioner Ann Sullivan to
dismiss the lawsuit made by Save Our Western New York Children's Psychiatric Center Coalition.
Staten Island Supreme Court Justice Philip G. Minardo
on March 12 denied a
motion to
dismiss the lawsuit
on legal grounds.
She said she would rule soon
on a number of pending
motions in the case, which include defense
motions to
dismiss the charges and to separate the trials of the Manganos and Venditto.
In court tomorrow, Oswego County Surrogate Court Judge Hon. Spencer Ludington will rule
on a
motion to
dismiss by the defense.
The lawyers filed a
motion to
dismiss the charges — which allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse of power dating to at least 2000 — claiming public statements that Manhattan US Attorney Preet Bharara made about the case «caused irreparable harm by tainting» the grand jury that indicted him
on Feb. 19.
Separate letters to the judge, supplementing previous
motions earlier this spring to get the corruption cases
dismissed, came from Steptoe & Johnson, a Manhattan firm representing Kaloyeros, and O'Connell & Aronowitz, an Albany firm that wrote to the judge
on behalf of Steven Aiello and Joseph Gerardi, executives of a development firm charged in a Syracuse bid - rigging scheme that includes some of the same players as the Buffalo Billion case.
But Porter's
motion aims to get the case
dismissed altogether, arguing that it is flawed
on constitutional and other legal grounds.
A Federal High Court sitting in Abuja,
on Thursday,
dismissed a
motion for joinder brought by some members of the Enugu State chapter of the Peoples...
«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.»
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.
Lynch last month
dismissed a separate
motion by Maziarz's lawyers to have the case tossed
on a number of legal grounds, including claims that there were «defective» grand jury proceedings.
Motion to
Dismiss Corrections Officer's Lawsuit Denied added by rctadmin
on August 10, 2017 View all posts by rctadmin →
BY MELISSA LAMONTANARO Rockland County's
motion to
dismiss a complaint filed against itself and Sheriff Louis Falco alleging politically retaliatation against corrections officers for publicly supporting Falco's opponent Richard Vazquez in the 2015 Rockland County Sherriff's election, was denied by the United States District Court, Southern Distict of New York
on July 27, 2017.
«The law that's handed down by the Supreme Court is binding
on everyone, so we're familiar with all precedents,» said Bharara, whose office declined to comment
on the
motion to
dismiss.
Though Mayor Bill de Blasio has criticized the property tax system, the city's corporate council filed a
motion to
dismiss the lawsuit
on Friday.
State Supreme Court Justice John A. Michalek
on Thursday ruled in favor of a New York State Education Department's (NYSED)
motion to
dismiss a lawsuit filed by the school.
However,
on Thursday September 4, 2014, the City School District of New Rochelle filed a
Motion to
Dismiss.
Although the memorandum opinion and order released Friday denied Silver's
motions to
dismiss the indictment based
on Bharara's «prejudicial extrajudical statements,» United States District Court Judge Valerie Caproni warned the Manhattan federal prosecutor «that this case is to be tried in the courtroom and not in the press.»
On December 19, a lower state court held a scheduling conference in the case, and set an oral argument for January 12 on the state's motion to dismiss the lawsuit
On December 19, a lower state court held a scheduling conference in the case, and set an oral argument for January 12
on the state's motion to dismiss the lawsuit
on the state's
motion to
dismiss the lawsuits.
An Albany County Court judge Monday turned down a
motion to
dismiss a corruption case against State Sen. Robert Ortt, R - North Tonawanda,
on a claim that he was improperly denied a chance to speak before an Albany County grand jury
on March 23.
The
motion from the defense comes a day after two legal defense groups, the National Association of Criminal Defense Lawyers and the New York State Association of Criminal Defense Lawyers, sought to file a brief
on behalf of Mr. Silver's
motion to
dismiss.
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.
«A defendant challenging the sufficiency of an indictment
on a
motion to
dismiss faces a high hurdle,» Caproni wrote.
On Tuesday, Ropes & Gray fought back, filing a
motion to
dismiss the case.
asked that judgment
on its
motion to
dismiss should be reserved until its witnesses had been heard, Judge John T. Raulston ordered the argument to proceed.
Grindr has filed a
motion to
dismiss based
on the Communications Decency Act that immunizes providers of interactive computer services against liability for information provided by other parties.
However
on June 12th, the defendants filed a
motion to
dismiss these claims, saying that Meltech did not actually own any registered copyright to Harrington's photographs.
There's nothing wrong with a little suspicious check
on the downside of technology every now and again, but the way the movie
dismisses its central technological conceit wholesale means that we're essentially watching characters go through the
motions until events lead to a point where there's no room for any idea aside from the destruction of what mankind has wrought upon itself.
Henry Bevan
on why we shouldn't
dismiss the Oscars as out of touch... Yesterday, the Academy of
Motion Pictures Arts and Sciences announced the 89th Academy Award nominations.
On March 4, Los Angeles County Superior Court Judge Rolf Treu rejected a
motion to
dismiss the Vergara v. California case and continue the state's education trial where nine students are challenging the laws over teacher job protection.
Since 2005, courts in Oklahoma, Kentucky, and Oregon have
dismissed such cases
on motion, holding that control over school funding is the sole province of the elected branches of government.