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On March 3, the judge in the case noted during a hearing on the motion that because the two sides were aligned -- DOJ and Adams both agreed on the propriety of the motion -- there is no one to ...
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 ...
Oct. 3 for Trump’s team to file their motion to dismiss the case by arguing the statutes are too vague. Oct. 17 for Trump’s team to respond to the government’s immunity filing.
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 ...
Trump's counsel filed a motion to dismiss the case, citing the DOJ’s policy not to prosecute sitting presidents. [4] This case would have determined whether then-President Donald Trump and others engaged in election interference during the 2020 election, including events during the January 6, 2021, attack on the U.S. Capitol. It is the 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 ...
The CFPB moved to dismiss the case in a brief legal filing and has not issued a statement explaining its decision, but the move is the latest in a series of case dismissals and other actions ...
Judge Rosenthal detailed the two-step process courts use to assess motions to dismiss under the PLRA: Courts first examine the factual allegations in the defendant’s motion to dismiss and the plaintiff’s response, assuming the plaintiff’s facts are true. If these facts show a failure to exhaust remedies, the complaint is dismissed.