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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.
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 ...
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 Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
Judge Chutkan is presses prosecutor Tom Windom over the prosecution's desire to immediately file a brief defending the superseding indictment "before it's even been challenged by a motion to dismiss.
WASHINGTON — A federal judge on Friday denied two of former President Donald Trump's motions to dismiss the federal election interference case against him.. U.S. District Judge Tanya Chutkan ...
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.
A judge in Georgia has now set a hearing date for a motion by former President Donald Trump's lawyers to disqualify Fulton County District Attorney Fani Willis from the potential case over ...