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English: John Gleeson filed this amicus curiae brief at the request of the court "to present arguments in opposition to the government’s Motion to Dismiss" and to "address whether the Court should issue an Order to Show Cause why [Michael T. Flynn] should not be held in criminal contempt for perjury".
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 .
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 ...
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...
Disney filed a notice of appeal on Thursday after a federal judge dismissed the company's free speech lawsuit against Florida Governor Ron DeSantis a day prior.In a court order issued Wednesday ...
English: The United States Supreme Court did not jurisdiction to hear Citizens United v. the FEC. No court can hear a case if the District Court Clerk filled out the forms, when the attorneys for the case did not an Appearance of Counsel with a Certificate of Service, when the summonses do not bear the seal of the Court, Fraud of the Court occurred, etc.
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.
Disney's attorneys may take heart in a recent decision by the 11th U.S. Circuit Court of Appeals to vacate a lower court decision over a case that DeSantis' critics viewed as another example of ...
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