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Fla.R.Civ.P. 1.061 prescribes choice of forum rules. [11] A defendant can file a forum non conveniens motion to dismiss a cause of action within 60 days of service of process. Under Rule 1.061(a), a trial court, in its discretion, can dismiss an action "on the ground that a satisfactory remedy may be more conveniently sought in a jurisdiction ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint ...
In the United States, the motion to suppress stems from the exclusionary rule.As the U.S. Supreme Court stated in Simmons v. United States: "In order to effectuate the Fourth Amendment's guarantee of freedom from unreasonable searches and seizures, this Court long ago conferred upon defendants in federal prosecutions the right, upon motion and proof, to have excluded from trial evidence which ...
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), was a decision of the Supreme Court of the United States involving antitrust law and civil procedure.Authored by Justice David Souter, it established that parallel conduct, absent evidence of agreement, is insufficient to sustain an antitrust action under Section 1 of the Sherman Act.
Former President Donald Trump on Thursday urged a federal judge to dismiss his classified documents case in Florida on the basis of presidential immunity, according to a court filing.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
A judge in North Carolina on Thursday denied Florida State's request to dismiss the Atlantic Coast Conference's lawsuit against the school, which is trying to sue its way out of the league with a ...