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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 ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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.
McCall filed the motion in the Western District of Pennsylvania, with USW calling U.S. Steel and Nippon's lawsuit a "frivolous and unsubstantiated attack" on the union for exercising its first ...
Smith’s team also filed a motion to end its appeal of a Florida judge’s decision nixing Smith’s classified document case against Trump — once considered one of the strongest in a slew of ...
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 ...
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