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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 ...
Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time ...
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
Oct. 31—The attorney for indicted state Supreme Court Associate Justice Anna Barbara Hantz Marconi has filed a motion to disqualify Attorney General John Formella from the case and dismiss the ...
Combs seeks to dismiss claims of revenge porn and human trafficking in lawsuit LOS ANGELES (AP) — Lawyers for Sean “Diddy” […] The post Sean ‘Diddy’ Combs files motion to dismiss some ...
On Thursday, the crypto exchange Kraken filed a motion to dismiss a November lawsuit from the Securities and Exchange Commission that accuses the U.S.-based firm of failing to register with the ...
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
Lawyers for Sean “Diddy” Combs pushed back against a woman's lawsuit that accused him of sexual assault, filing a motion on Friday to dismiss some claims that were not under law when the ...