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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 ...
People v. Clayton, 41 A.D.2d 204, 208 (N.Y. App. Div. 2d Dep't 1973) was a case before the Supreme Court of New York, Appellate Division.It determined that a trial court, when considering a "motion to dismiss in the interest of justice" [1] (subsequently known as a "Clayton motion"), must convene an evidentiary hearing to consider whether the dismissal would in fact be in the "interest of ...
On March 4, attorneys for Marquis Parrish filed a response to a motion to dismiss filed by attorneys for the City of Savannah and Savannah Police Department (SPD) Homicide Unit Supervisor Nicole ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The judge also ordered Adams to file his "consent in writing" to the motion to dismiss to the court docket by 5 p.m. ET Tuesday. Ho said the DOJ motion cited how Adams "consented in writing," but ...
Madonna's legal team has filed a motion to dismiss a lawsuit filed against her earlier this year over an alleged delayed concert start time amid her ongoing Celebration Tour. In new court docs ...
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
Jack Smith files motion to dismiss Jan. 6 case against Trump as prez-elect slams ‘political hijacking’: ‘Low point in the History of our Country’ Ryan King November 25, 2024 at 1:30 PM