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[54] [55] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the ...
[19] [20] Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when the opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction. [21]
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 ...
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The Hyde Amendment (Pub.L. 105-119, § 617, Nov. 26, 1997, 111 Stat. 2519, codified as a note following 18 U.S.C. § 3006A) is a federal statute allowing federal courts to award attorneys' fees and court costs to criminal defendants "where the court finds that the position of the United States was 'vexatious, frivolous, or in bad faith'".
Oct. 31—The attorney for indicted state Supreme Court Associate Justice Anna Barbara Hantz Marconi has filed a motion to disqualify Attorney General John Formella from the case and dismiss the ...
A motion to dismiss the lawsuit against Cutter and the company was denied in December in U.S. District Court in Boston. Cutter, 55, has been a financial adviser since 2005. He founded Cutter ...
United States v. Shelley M. Richmond Joseph and Wesley MacGregor (2019) was the federal criminal prosecution of a Massachusetts state court judge (Joseph) and court officer (MacGregor) for helping a state court defendant evade federal immigration authorities by allowing him to leave a court hearing through a rear door of the courthouse.