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Dixon moved to dismiss this indictment on double jeopardy grounds because he argued that the prosecution was secondary to his first offense. Michael Foster's wife obtained a civil protection order against him due to domestic attacks. The order required that he not molest, assault, or in any manner threaten or physically abuse her.
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 ...
The Order granted in part the Defendants' motion to dismiss as the Plaintiffs' Amended Complaint had not properly plead the procedural due process claim, but the Order also denied the other claims in the motion to dismiss and granted the motion for preliminary injunction in full. [20]: 18–20, 22–23
The woman had sought a two-year domestic violence protection order against the Bellingham Police Department sergeant. Court denies permanent protection order request against Bellingham officer on ...
However, he did dismiss the common law unfair competition claim, since that entails passing off one's goods as those of another. [6] State law claims based on DMCA takedowns are preempted here by the federal nature of the DMCA, as referenced in Lenz v. Universal Music Corp. as well as OPG v. Diebold. Ozimal's motion to dismiss on this count is ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion. A renewed 50(a) motion must be filed within 28 days of verdict entry. Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally granted, or conditionally denied.
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.
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