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Heffernan v. City of Paterson, 578 U.S. 266 (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even ...
[9] 71% of summary-judgment motions were filed by defendants, 26% by plaintiffs. [9] Out of these, 36% of the motions were denied, and 64% were granted in whole or in part. [9] Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006. [10] From a tactical perspective, there are two basic types of summary-judgment motions.
Dendrite International, Inc. v. Doe No. 3, 342 N.J. Super. 134, 775 A.2d 756 (App. Div. 2001), is a New Jersey Superior Court case in which Dendrite International, Inc., a purveyor of computer software used in the pharmaceutical industry, brought a John Doe lawsuit against individuals who had anonymously posted criticisms of the company on a Yahoo message board.
Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other ...
Unless exigent circumstances exist, state may not take warrantless blood sample from a suspect; Evidence from a blood sample is not compelled testimony and therefore does not implicate the Fifth Amendment privilege against self incrimination Garrity v. New Jersey: 385 U.S. 493 (1967) rights of police officers against self-incrimination: Whitus ...
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
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 Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. [1] It was created in 1972 [2] as a court of general appellate jurisdiction. [3] The court is located at the John Adams Courthouse at Pemberton Square in Boston, [4] the same building which houses the Supreme Judicial Court and the Social Law Library. [5]
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