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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 ...
[54] [55] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the ...
In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. [1] If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court (but not filed). [2]
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Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard. These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial , and do not include trials ...
As the case moves to the higher court, Musk’s pay will remain in limbo. At the time of the shareholder derivative lawsuit challenging the pay, Musk had not exercised any of the 303 million share ...
A US judge ordered Trump on February 16, 2024 to pay nearly $355 million after finding him liable for fraud and banned him from running businesses in New York state for three years.
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. [2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.