Civ. R. 60.02 “… (f) any other reason of an extraordinary nature justifying relief. The motion shall be made within a reasonable time, and on grounds (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or…
Ndeumeni further avers that the trial court erred in denying his motion to exclude the testimony of Kemogne’s witnesses where Kemogne failed to adequately disclose the witnesses and the contents of their testimony in discovery. Maryland Rule 2-433(a) bestows upon the trial court broad discretion in remedying discovery violations. Md. Rule 2-433(a). Critically, Rule 2-433(a) employs a permissive, but not mandatory, “may” where the rule provides that “the court . .…
FACTS: Mr. Vassaur Jr. owned property prior to marriage, after which he conveyed joint tenancy by Warranty Deed. Mrs. Vassaur conveyed the property to her father after fatally shooting her husband. Edgar Vassaur Sr. is the administrator for the estate of the deceased, and in an answer and cross petition, claims ownership of half the property, liens in credit life insurance policy and home improvement loan. The plaintiff brought an action to quiet the title to the realty, interposed a demurrer to the answer and cross petition, and moved for judgment on the pleadings. Trial court sustained the demurrer, dismissed cross petition, and granted judgment on the pleadings.…
Defendant, Martin Katz (“Martin”), by and through his counsel, hereby submits this Memorandum of Law in Support of his Motion to Dismiss. STATEMENT OF FACTS On November 15, 2016, plaintiffs, Lauren Katz (“Katz”), and Phyllis Rifkin (“Rifkin”) (collectively, the “plaintiffs”), filed a complaint in the Circuit Court for Baltimore County. The material allegations in plaintiffs’ complaint are that Martin Katz and his father, Daniel Katz (“Daniel”), executed a power of attorney. Complaint, ¶ 9.…
The Prosecution will rely on the statement that is the truth upon the matters…
Reasons for dismissal The following are factors the courts will put into…
McHugh, 2011 U.S. Dist. LEXIS 92392 the court confirm give defendant's motion for summary judgement granted. The only time the summary can be granted is under rule 56 which, state ( "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. " See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (citing former Fed.…
Releasing Party: JEFFREY WILLIAMS, his heirs, beneficiaries, family members, representatives, agents, assigns, trustees, insurers, attorneys, and anyone else making a claim through her or on their behalf (hereinafter referred to as the “Releasing Party”). Released Parties: PAUL WATKINS, ANNETTE WATKINS, THE TRUMBULL INSURANCE COMPANY, a member of the Hartford Group of insurance companies (“the Hartford”); and all and any officers, directors, members, related corporations and entities, predecessors, successors, employees, representatives, agents, attorneys, heirs, trustees, assigns, insurers, and reinsurers of each (hereinafter referred to as the “Released Party”). RECITALS A. On or about August 23, 2014, on Maryland Route 404 (Queen Anne’s…
PLAINTIFF’S TRIAL BRIEF REGARDING ADMISSIBILITY OF CRIMINAL CONVICTIONS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff Lauren Coon, who makes and files this Trial Brief regarding the admissibility of Stanley’s criminal convictions, and will respectfully show the court the following: 1. Under rule 404 of the Texas Rules of evidence, “a party accused of conduct involving moral turpitude may offer evidence of the party’s pertinent trait, and if the evidence is admitted, the accusing party may offer evidence to rebut it.” TEX. R. EVID. 404(a)(2)(B). Opposing counsel’s may ask “have you heard” or “were you aware” about specific instances of misconduct inconsistent with the character trait brought into issue by the defendant as rebuttal…
I represent the Respondent, and request of the court to affirm the decision of the United States Court of Appeals for the Second Circuit. The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.…
Ian Haney Lopez, a Professor at Boalt Hall School of Law, University of California at Berkeley primarily works in the areas of racial justice and American law. Lopez is also the author of White by Law, The Legal Construction of Race, which presents a critical look at how race has been recognized by law and it’s legal actors such as judges and policy makers throughout history. The author mainly focuses on analyzing prerequisite cases that in affect, have changed the way that race is perceived today. The book particularly focuses on the legal and social construction of whiteness.…
On December 22nd, 2005, a class action lawsuit, Dickerson v. Gretna was filed on behalf of those blocked from crossing the CCC bridge after Katrina. The suit, after two supplementing amending complaints, alleged violations of the constitutional right to travel under the Article IV Privileges and Immunities Clause and the Commerce Clause, due process and equal protection guaranteed by the Fourteenth Amendment, the Fourth Amendment right against unreasonable seizure, and the Eight Amendment right against cruel and unusual punishment. The court ruled on a motion to dismiss on March 30th, 2007. The City of Gretna sought dismissal under Federal Rule of Procedure 12(b)(6) for failure to state a federal claim.…
The American Disability Act law secures individuals with disabilities against discrimination. The court finding regarding the Statue of limitations is two years instead of one along with the Oregon legislature. Furthermore, not an employment operation. The covert defendant’s motion to ADA and Rehabilitation and a right to state a claim is denied for Lowry but T.L. states an IIED claim. The reasoning regarding the Lowry to state a claim did not demonstrate an adequate flagrant execution.…
Plaintiff Yvonne Palacio appeals from the trial court’s order denying her motion for class certification against defendant Jan & Gail’s Care Homes, Inc. (Care Homes). Plaintiff contends the trial court erred in finding she failed to establish a well-defined community of interests among class members. At hire, employees of Care Homes are required to sign an agreement waiving their right to uninterrupted meal periods in accordance with the facility’s standard operating procedures. Plaintiff argues Care Homes was obligated under the Labor Code to inform employees they have the right to revoke the agreement at any time.…
The two enumerated exceptions to the statute of limitations are further confined to require that any specific misrepresentation or withholding of information must also prevent the parents from filing a due process complaint. Petitioners’ Motion asserts three alleged misrepresentations under the under exception (i) and one alleged withholding of information under exception (ii) as the basis for their position that the statute of limitations period should not apply. Petitioners’ proposed exceptions are: (i) The District misrepresented to the Parent that simply passing J.P. on to kindergarten after a failed pre-K experience would resolve his educational issues; (ii) The District represented to the Parent that simply passing J.P. on the first…