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Argument: Oral argument: Case history; Prior: Motion to dismiss granted in part and denied in part, 2005 WL 2375202 (E.D.N.Y. 2005), affirmed, 490 F.3d 143 (2d Cir. 2005).: Holding (1) Top government officials are not liable for the actions of their subordinates absent evidence that they ordered the allegedly discriminatory activity.
Google filed a motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Under this motion, while the court must accept all well-pleaded factual allegations as true, the complaint must be more than "a formulaic recitation of the elements of a cause of action" as determined in Bell Atlantic Corp ...
The Commissioner must then be notified by the court via electronic service, eliminating the need for rule 4 service of process. The Commissioner need not admit or deny statements under rule 8(b), but must file an answer, and may file any other defense under rule 8(c) or motion to dismiss under rule 12(b) within 60 days of notice by the court.
On June 5, 2017, the Defendants filed a motion to dismiss Taylor's claim under rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing first that chalking was not a search under the Fourth Amendment, and second that, even if it was a search, it was reasonable given the circumstances of the search. [2]
The defendant will then file a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. A motion to dismiss under Rule 12(b)(6) is essentially an argument by the defendant that even if all of the facts alleged in the complaint were assumed to be true, they would not be sufficient to give rise to liability under Rule 10b-5.
Motions to dismiss and motions for summary judgment are types of dispositive motions. Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine ...
Pfizer cross-appealed denial of its motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court of Appeals reviewed the forum non conveniens dismissal under the "clear abuse of discretion" standard. [citation needed] The Court of Appeals, however, revisited the Court's analysis of the adequate alternative ...
The Petitioner moved to dismiss the suit on the grounds that venue was "wrong" under 28 U.S.C. 1406(a) and "improper" under Federal Rule of Civil Procedure 12(b)(3), citing the contract's forum selection clause. [3] In the alternative, the Petitioner sought transfer to the Eastern District of Virginia under 28 U.S.C. 1404(a). [3]
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related to: rule 12b motion to dismiss