Mix has now asked a federal judge to dismiss those charges with a motion filed yesterday in the Eastern District of Louisiana.
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The plaintiffs survived a motion to dismiss last December in a Western District of Texas federal court, and each party has now filed motions for summary judgment.
Falcone and Jenson permission to file a motion to dismiss the complaint and set a timetable for their doing so, the people said.
In this AIG case, the original June 17, 2009 opinion of the Delaware Court of Chancery affirmed a Motion to Dismiss against PwC based on a prior ruling in February of 2009.
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The unstable landscape Scalia refers to promotes the lucrative specialty of forum-shopping, in which plaintiff lawyers seek out the courts and judges most likely to allow their cases to survive a motion to dismiss, usually the last step before a tidy settlement.
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This last case, filed in 2009, has survived a motion to dismiss and promises to provide lucrative fees for a scrum of lawyers in multiple states if Coke decides to stop spending money on discovery and settle.
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Section 18, therefore, makes it much easier to overcome a motion to dismiss and get to meaningful discovery that leads to a successful trial outcome, or at least a better settlement.
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This is a little naive given that the modern securities class action is mainly an exercise in getting a case past the motion to dismiss and only a handful of cases have every gone before a jury.
However, Klempner did say that the lawsuit filed on May 16 was expected, and it will continue, at least until a motion to dismiss is filed and the Superior Court of the State of California makes a decision based on same.
PwC has a pending motion to dismiss the Satyam case against them filed in a New York Court.
SEC, granted a motion by the SEC to dismiss a complaint filed requesting the production of documents related to an SEC examination of an investment adviser whose registration was revoked by the SEC and was defunct.
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Based on that representation, the district judge denied a motion to dismiss the new complaint.
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But 82% of the 1, 000 or so cases that survived a motion to dismiss settled.
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The Defendants will most likely respond with a motion to dismiss with prejudice.
On Wednesday, New York State Supreme Court Judge Douglas McKeon heard oral arguments regarding a motion to dismiss the civil case filed by Mr. Strauss-Kahn's attorneys.
Durand's lawyer, Ainslie, drafted a motion to dismiss Gerstein's suit, and his claim to part of the recovery, on the grounds that her client had filed first.
The Buffalo Bills will respond to the Complaint, and it would not be surprising for the team to file a Motion to Dismiss as its responsive pleading.
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The Statute of Limitations for a fraudulent transfer action having long run, the Husband filed a motion to dismiss those claims and eventually the Trustee withdrew them entirely.
In a motion to dismiss the case, IMDb called Ms. Hoang's assertions "unsupported" and said that Ms. Hoang had voluntarily disclosed and permitted use of her subscriber information, per the site's terms.
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The complaint states that had the committee's chief counsel told the lawmaker of improprieties in how the probe was conducted, Rangel would have made a motion to dismiss the case against him.
Although the judge said he would reserve his decision on a motion to dismiss the case for his written opinion, his ruling essentially ends Mr. George's attempts to keep the show from airing Tuesday.
Since virtually every securities class action settles after surviving a motion to dismiss, the risk of non-payment is presumably much lower for plaintiff attorneys and courts might consider lowering or eliminating the multiplier on billable hours the firms rack up after that.
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With this new information at its disposal, Sony's better equipped to oppose Hotz's motion to dismiss in a hearing early next month, but this doesn't mean the company will succeed in its bid to keep the litigation a West Coast affair.
But the Court explained in Twombly that the Conley statement had never been accepted literally in subsequent court decisions, and that the actual result reached in Conley (that the plaintiff had alleged sufficient facts to survive a Rule 8 motion to dismiss) continues to be fully accepted.
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In 2009, Judge Roll denied the ranchers' motion to dismiss the case, a ruling that earned him scorn from some and even death threats.
The dramatic turnabout came after the DA's office filed paperwork earlier this week saying it supported a defense motion to vacate the murder conviction and dismiss the indictment.
The SEC plans to send a letter to Judge Crotty saying it opposes the motion to dismiss, one of the people said.
In February 2012, Texas State District Judge Trey Loftin denied a motion by Lipsy and his environmental consultant, Alisa Rich, to dismiss the counterclaim.
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After Tice and LB Property won their motion to dismiss the arbitration claim, Tice's lawyer in January 2008 wrote to a Greene representative demanding he pay Tice's legal fees in connection with the libel lawsuit and the apology.
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