Sentences with phrase «motion judge dismissed»

The motion judge dismissed the motion for summary judgment on the basis that the limitation period did not commence until February 2013, when the respondent received the diagnosis from Dr. Patel.

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.

The only case that I recall, of hand, of an action being dismissed on an point not argued at all but appearing only in the judges reasons is the (ahem) classic Joly v Pelletier & Shoppers Drug Mart case in which the motion judge dismissed the action on a «standing» argument the moving defendants didn't raise.

The motion judge dismissed Structal's motion for payment of the progress payments finding the dispute pertaining to Structal's delay claim, and Dominion's claim for set - off under their contract, was a dispute could not be decided at this stage of the proceedings and on the materials before him.

The motion judge dismissed the motion, finding, among other reasons, that the dispute was connected... Read More

A motion judge dismissed the city's attempt to have the claim struck, concluding that the 10 - day notice period did not start to run until after the grandmother took on her duties.

The motion judge dismissed the plaintiff's Claim for enhanced benefits, distinguishing it from Do, based on the addition of «and therefore you do not qualify for increased benefits».

The motion judge dismissed the action.

The motion judge dismissed the motion, other than ordering Pierre to pass his accounts.

The motion judge dismissed the motion, finding, among other reasons, that the dispute was connected to Ontario because the agreements between the Plaintiff and Defendant were made in Ontario.

The Motion Judge dismisses the Appellant's motion (finds the employment agreement / termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9 months reasonable notice.

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

Applying the C.A.'s 2012 decision in Sharma v. Timminco, 2012 ONCA 107, the motions judge dismissed the leave application and the statutory action as time - barred.

The motions judge dismissed the action on the basis that it was statute barred.

The motions judge dismissed the claim against one of the defendants on a motion for summary judgment, and subsequently ordered a focussed, hybrid trial to deal with the balance of the claims.

Not exact matches

On Aug. 18, U.S. District Judge William Orrick denied Bayer's motion to dismiss that lawsuit.

A Northern California federal judge has denied Qualcomm's motion to dismiss the U.S. Federal Trade Commission's antitrust lawsuit against the San Diego wireless technology company, which means the case will go forward.

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.

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.

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.

At a court hearing Monday, DuPage Judge Bonnie Wheaton denied the hospital's motion to dismiss the Park District's complaint.

Earlier this week, a judge denied the hospital's motion to dismiss the Park District suit.

Earlier, a judge denied the hospital's motion to dismiss the Park District suit.

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.

Read the full docket text below: Docket Text: ORDER DENYING [22] Motion to Dismiss; DENYING [41] Motion to Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss; DENYING [41] Motion to Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby DENIED.

U.S. District Court Judge Jed Rakoff denied the board's motion to dismiss the suit, clearing the way for the parties — represented by the Brennan Center for Justice and the law firm of Emery Celli Brinckerhoff & Abady — to move forward in advance of the 2012 election cycle.

The fight over the future of the Western New York Children's Psychiatric Center will continue in the courts after a judge denied a motion to dismiss a lawsuit against Cuomo and State Mental Health Commissioner Ann Marie Sullivan.

The district attorney said he expects to see them either dismissed after the judge reviews motions filed by his attorney William Dreyer or to be acquitted if his case goes to trial.

A judge denied Gov. David Paterson's motion to dismiss a lawsuit demanding he call a special election in NY - 29.

Despite getting a victory in court earlier this week when a judge denied a motion to dismiss the case, the attorney for the coalition that wants to keep the Western New York Children's Psychiatric Center in West Seneca had some harsh words for the governor.

ALBANY — U.S. Attorney Preet Bharara today asked a federal judge to temporarily hold in abeyance a new defense motion to dismiss corruption charges against three former LPCiminelli executives.

In court tomorrow, Oswego County Surrogate Court Judge Hon. Spencer Ludington will rule on a motion to dismiss by the defense.

Judge Caproni denied a defense motion to dismiss the charges but said certain comments by Mr. Bharara could have been interpreted to reflect his «personal views as to Silver's character or guilt with respect to the charges filed against him.»

A federal judge handed indicted Albany politician Dean Skelos a pile of legal defeats Tuesday, tossing out his motion to dismiss two of his corruption charges and ruling that prosecutors...

A federal judge handed indicted Albany politician Dean Skelos a pile of legal defeats Tuesday, tossing out his motion to dismiss two of his corruption charges and ruling that prosecutors can use all the evidence they scored by wiretapping his cellphone, new court papers state.

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.

U.S. Attorney Preet Bharara has asked a federal judge to temporarily hold in abeyance a new defense motion to dismiss corruption charges against three former LPCiminelli executives.

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.

The judge also denied the state's motion to dismiss the suit.

At a preliminary hearing, Judge Spencer Ludington denied motions by defense attorneys to dismiss the lawsuit as «non-justiciable.»

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.

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.»

Vacco spoke briefly with reporters and said it appeared the judge needed more time to review the motion to dismiss filed by Haggerty's team.

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 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.

The judge began Friday's sentencing by dismissing Espada's motion for a new trial.

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.

The judge in charge of the case rejected a motion to dismiss the suit before a trial.

Match had previously filed two motions to dismiss the suit, which Cook County Judge Moira Susan Johnson has rejected.

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.