County wants lawsuit dropped Apr 22, 2008
New Bern lawyer Scott Hart presented his motion for dismissal before Superior Court Judge Jerry R. Tillett, who chose not to dismiss the suit at this time. "I could probably make a judgement right now, but I would rather re-read all the cases thoroughly," Tillett told the court. (The Daily Reflector)
Kocis murder suspects face Sept. 2 trial Apr 16, 2008
Olszewski reserved judgment on a defense motion for dismissal of the charges against Kerekes and a prosecution request that he undergo an independent psychiatric examination. Justin Hensley, a prosecution witness serving with the Army National Guard in Iraq, might be able to testify at the trial, Melnick said. (The Citizen's Voice, PA)
Suit says Cloverleaf VFD negligent in hiring volunteers Apr 11, 2008
Batisse said his department is also planning to file a motion for dismissal. One of the criticisms Batisse has received as a result of the arsons is the hiring procedure which allowed the two men to become volunteer firemen at the Cloverleaf department. (North Channel Sun, TX)
Judge Finds Barrett Not Guilty Mar 28, 2008
After Willis concluded the state's case Thursday morning, Cunning-ham made the customary motion for dismissal of both remaining charges based on evidence presented. Hammond recessed court for a shorter-than-usual 45-minute lunch break, indicating he would rule afterward. (The Pilot Newspaper)
County amends lawsuit Mar 28, 2008
On March 12, Sumner County Judge R. Scott McQuin denied the motion for dismissal by Mulvane in the lawsuit dealing with annexation laws and the action by the City of Mulvane to annex property to the land proposed for the Harrahs Entertainment casino development. Lawyers for the City of Mulvane have since filed an objection to that decision, and stated their intent to file an interlocutory appeal of McQuins findings. (Wellington Daily News, KS)
Evidence folly sets Reimer free Mar 19, 2008
Thomas filed the motion for dismissal at 3 p.m. Tuesday. On behalf of the department, I take full responsibility for these deficiencies, Lyman said. (Wood River Journal, ID)
Motion denied Mar 15, 2008
As with the motion for dismissal filed by Mulvane attorneys, in court on Wednesday, Walker had few arguments for Mulvane on their decision to follow the procedure of a contiguous annexation, rather than an island annexation. In arguments for Sumner County, Watson said Mulvane has gone to great lengths to avoid the procedure for island annexation, ostensively because it does not wish to become involved with the board of county commissioners in deciding whether this annexation is a good thing... (Wellington Daily News, KS)
Bonds’ latest defense: typos Feb 23, 2008
In a filing last week opposing Bonds' motion for dismissal, prosecutors twice referred to a drug test he failed in November 2001. They later said they meant to reference a November 2000 drug test that had previously been mentioned in the indictment. (Yreka Siskiyou Daily News, CA)
Alex Rodriguez clarifies on number of drug tests Feb 22, 2008
Published: February 22, 2008. A day after raising questions about himself by saying he had been tested for performance-enhancing drugs up to 10 times last season, Alex Rodriguez tried clarifying. (International Herald Tribune -- Sports)
Former Supervisor Jew Seeks Hearing In Extortion Case Feb 20, 2008
Hanlon wrote that Jew is not alleging actual misconduct by prosecutors at the moment, but said "the known facts raise serious issues and suspicion." He said an evidentiary hearing is needed to determine whether there is a basis for a defense motion for dismissal of the charges. Hanlon claimed Jew's former lawyer, Steven Gruel, had a conflict of interest. (NBC 11, CA)
Cobb EMC urges judge to toss lawsuit Feb 13, 2008
The co-op's motion for dismissal called the lawsuit a "shotgun" attack that didn't specify who did what wrong and when. In a hearing last week, Brown said the complaint was vague for a reason. (Atlanta Journal-Constitution -- Business)
Lawyer for Yayo says acquaintance admits slapping teen Jan 14, 2008
"They disclosed it today, and we plan to file a motion for dismissal," Leemon said of Assistant District Attorney Daryl Reed who told the court his office learned about Fletcher's statement last week. According to the statement, "Fletcher saw a young boy wearing a Czar Entertainment T-shirt. Fletcher further stated that he slapped the boy across the face and began to grab the boy's shirt. At this point Marvin Bernard (Yayo) exited the vehicle, tried to restrain him (Fletcher) and get him back in... (AZCentral -- Entertainment)
Lawyer for G-Unit rapper Yayo says convict admits slapping teen Jan 12, 2008
"They disclosed it today, and we plan to file a motion for dismissal," Leemon said Thursday outside court after the hearing. Assistant District Attorney Daryl Reed told the court his office learned about the statement last week. (USA Today -- Life)
State Police sue Milan justice; ticket's reduced charge may have exceeded authority Jan 5, 2008
Her attorney, Douglas Wicks of Red Hook, filed a motion for dismissal in town court in June 2007, arguing that her "rights of due process and equal protection under the constitution, and the judges ability to participate and be instrumental in plea bargaining is eliminated.". In 2006, state police officials began prohibiting troopers from plea-bargaining vehicle and traffic offenses. (Pine Plains Register Herald, NY)
Bonds: 'I Am Innocent' Dec 8, 2007
One of them, Allen Ruby, told the judge that the defense team may be filing a motion for dismissal of the Nov. 15 indictment against Bonds. There was one Barry Bonds fan who showed up at the courthouse wearing a t-shirt that read, "If Bonds goes to jail baseball can go to hell.". (NBC 11, CA)
Brothel plans on hold, the 'Hollywood Madam' does laundry Nov 9, 2007
He has pleaded not guilty and filed a motion for dismissal; a trial is scheduled in Las Vegas next May. Although Fleiss is not a defendant in the case, she says she gave testimony to a grand jury (which the U.S. attorney's office in Las Vegas would not comment on) and therefore feels compelled to hold off for now on her plans to open the brothel. (International Herald Tribune)
Case against former FRCC director is dismissed Nov 9, 2007
Briggs was initially set to go to trial in January, 2007, but the case was delayed a number of times as attorneys on both sides negotiated for a settlement, and, failing to reach one prior to the Nov. 2 resolution, filed different motions in court, including a motion for dismissal by Briggs attorney. Incidentally, according to court records, in September, Briggs fired her attorney from Wiebe and Fouser, Caldwell, and hired another one. (Ontario Argus Observer, OR)
Yahoo plea over China rights case Nov 7, 2007
The firm filed a motion for dismissal saying its Chinese subsidiary had no choice but to comply with local laws. Yahoo is being sued by the World Organization for Human Rights for sharing information about its users with the Chinese government. (BBC News -- Technology)
Davis files brief for dismissal Nov 7, 2007
Chilton County Sheriff Kevin Davis on Friday filed a brief in support of a motion for dismissal of a 10 million civil suit by Gene Martin Auto Sales, saying that he is immune from being sued in this case. The brief filed states the Jemison dealership s complaint does not state whether the suit is being brought against Davis in his official or individual capacity because county sheriffs in Alabama are designated as being members of the executive department of state government. (Clanton Advertiser, AL)
EMU denies Fallon's claims Nov 5, 2007
"); } function opn(id) { // options options = 'toolbar=0,status=0,menubar=0,scrollbars=1,resizable=0,width=400,height=385'; // open window newWindow = window.open("/cgi-bin/email. Fallon expressed concerned [sic] that a quorum of the Board was participating in these Briefings and that those Regents were actually making important decisions and directing action during the conference calls," as Fallon's suit claims. According to the Michigan Legislature the Open Meetings Act requires certain... (Echo Online, MI)
Mayor seeks dismissal of domestic abuse case Oct 18, 2007
A motion for dismissal has been filed in the domestic abuse case involving the mayor of the City of Chetek. Jerry L. Whitworth, 70, is scheduled to appear in Barron County Court Wednesday, Oct. 17, at 2 p.m., for a plea hearing on a charge of misdemeanor battery-domestic abuse. (Chetek Alert, WI)
Attorney: Detectives Used Gang Leader Oct 5, 2007
" Investigators knew that while Agosto worked as an informant, he stole motorcycles, carried a gun, drove without a license and distributed counterfeit cash, Goudie said. Agosto even threatened his ex-girlfriend and her boyfriend using the same cell phone detectives gave him for use in the investigation, Goudie said. It was his threats of violence to fellow gang members who failed to show up at meetings that benefited law enforcement though, the attorney said. "He wanted to frighten those... (Tampa Bay Online, FL -- News)
Speeder spends hour trying to beat ticket Oct 3, 2007
She also questioned whether he knew if any other officer had ever dropped a tuning fork used to calibrate the radar devices and then filed another motion for dismissal. Cashman responded with a complex mathematical formula used to determine how quickly she could stop in the event of an emergency, given her speed, demographics and using an average perception reactor time. (Seacoast New Hampshire)
Google seeks dismissal of American Airlines suit Sep 24, 2007
Google has filed a motion for dismissal. Fort Worth-based American Airlines filed suit against Google in August over "sponsored ads" that appear when a keyword search using American Airlines trademarks are done on Google. (Dallas Business Journal, TX)
* Yahoo asks court to dismiss suit over dissidents' arrests Aug 29, 2007
Yahoo on Monday filed the motion for dismissal, calling the case "political" and insisting that its Chinese subsidiary was compelled by local law to hand over information to authorities, including user registration information and e-mail content. SOVEREIGN RIGHTS. (Taipei Times, Taiwan -- Business)
State completes case against Simmons; jury deliberation could begin monday afternoon Aug 28, 2007
Immediately after Wambolt rested his case, Holder made a motion for dismissal of the charges, saying the state had not proven that the accusers had lost money, a necessary requirement for conviction. Wambolt pointed out that the statute Holder cited refers to civil penalties, not criminal conviction. (Boonville Daily News, MO)
Harris verdict: Could it be thrown out?; Witness says he saw Michele Harris morning after police say she was murdered Aug 26, 2007
The first, and most blatant, scolding came when Smith told Keene that the district attorney's use of sealed information about Tubbs' criminal past in a response to Cawley's motion for dismissal of the verdict was articularly egregious. Keene said he was not aware the file was sealed and had not received an order through his office to do so. (Sayre Evening Times, PA)
Judge denies Graham's motion for dismissal Aug 18, 2007
SI.com - More Sports - JudgedeniesGraham's motion for dismissal - Friday August 17, 2007 8:36PM. Teams. (SportsIllustrated.CNN -- More)
Idaho GOP rift flares as state seeks dismissal of primary lawsuit Aug 4, 2007
Ysursa, represented by Attorney General Lawrence Wasden, filed his motion for dismissal on Thursday in U.S. District Court. He contends that because Beck and others who sued don't officially represent the state party, they lack standing to bring a lawsuit. (Nampa Idaho Press-Tribune, ID)
Judge wont dismiss Spector murder charge Jul 25, 2007
Superior Court Judge Larry Paul Fidler refused the motion for dismissal, which is routinely made at the end of a prosecution case. Ive listened very intently to all the witnesses that have been presented during the peoples case in chief, he said. (MSNBC -- News)
Case dismissed against man suspected of bomb threat Jul 20, 2007
In its motion for dismissal, the Natrona County District Attorney's Office said, "it appears that there is reasonable doubt as to Mr. Huckaby's guilt.". Huckaby was wrongfully accused, Wood said. (Casper Star-Tribune, WY)
Sunrise Powerlink hearings postponed Jul 19, 2007
The motion for dismissal was supported by the Nevada Hydro Project, a party in the case that is proposing to build a stored-water electric generating project near Lake Elsinore. Michael Shames, executive director of the Utility Consumers' Action Network, said it was too early to determine if a motion to dismiss the Sunrise application was appropriate. (San Diego Union-Tribune -- Business)
Judge keeps Nassau tax case alive Jul 15, 2007
In an order filed July 3, state Supreme Court Justice Edward W. McCarty III called premature a motion for dismissal filed on behalf of Nassau County Executive Thomas Suozzi, Board of Assessors chairman Harvey Levinson and other county officials. The county had argued that the case should be dismissed because the plaintiffs -- including the Manhasset Isle Yacht Club Corp. and Manhasset Bay Yacht Sales Corp. -- had failed to state a cause of action. (Newsday -- New York City)
Mother charged in death says DA misled grand jury Jul 10, 2007
Michael Riley is expected to join in the motion for dismissal , Bourbeau said. No date for a hearing has been set. (Boston Globe)
State's highest court to hear Hunter appeal Jul 10, 2007
Hunter's attorney, Cheryl Coleman, then filed a motion for dismissal, saying Hunter did not get a fair trial because the office of then Rensselaer County District Attorney Kenneth Bruno failed to disclose that his alleged victim had accused a man in Schenectady of a similar crime. In January 2006, Rensselaer County Judge Patrick McGrath ruled the prosecutors erred and vacated the conviction, released Hunter from state prison on bail and ordered a new trial. (Albany Times Union)
Judge tosses Mesa Air suit against pilot Jun 27, 2007
Uslan's attorney, Jeffrey Miller, field a motion for dismissal on the grounds the Phoenix court lacked jurisdiction over the case and that travel to Phoenix would make it difficult and costly for Uslan to defend himself. BUSINESS UPDATE. (AZCentral -- Business)
Judge dismisses Jackson smoking complaint Jun 12, 2007
Kennad Skeen, Mwyer, sprung a surprise motion for dismissal at the beginning of a Monday afternoon hearing. The county prosecutors office never paid the necessary filing fee with its complaint, Skeen argued. (Charleston Gazette, WV -- News)
Largely forgotten figure now looms large Jun 7, 2007
Mr. Safer's witnesses are supposed to begin testifying Friday, but he has asked Judge St. Eve to rule on the motion for dismissal first. If she grants the motion, Mr. Kipnis will leave and the witnesses won't testify. (Globe and Mail -- International)
Arkansas judge dismisses Mustain e-mail lawsuit Jun 5, 2007
Arkansas had argued in its motion for dismissal that Sugg and White should be immune from the lawsuit, and Lindsay dismissed two of the counts on jurisdictional grounds. "This is not the 'People's Court' like you see on TV. This is not, 'Have you been wronged? Take them to court,'" Lindsay said. (ESPN -- College Football News)
Nitro feud continues in circuit court May 23, 2007
Hearings on Giatrass motion for dismissal and Cliffords motion for summary judgment have both been set for July 26. To contact staff writer Rusty Marks, use e-mail or call 348-1215. (Charleston Gazette, WV -- News)
LAPD discrimination case set for January trial May 10, 2007
Deputy City Attorney Vibiana Andrade told the judge she will likely bring a motion for dismissal of the entire case sometime prior to that date. Feldmeier filed her lawsuit in January 2006, seeking damages from the city for alleged wrongful termination and retaliation. (Fresno Bee -- State)
UA Attorneys File Motion Friday May 5, 2007
"Our position is that until the court rules on that (motion for dismissal), there should be no discovery (of evidence)," Varady said Friday night. Varady said the court could rule quickly or in a few weeks regarding the university's motion to have the lawsuit dismissed. (HawgsIllustrated.com)
BU sued for allegedly causing 2005 death May 4, 2007
Shortly after receiving the complaint, BU filed a motion for dismissal of all six charges made against the university. BU received notification May 2 that the motion was rejected, with the exception of the charge of negligent infliction of emotional distress on behalf of each parent, said BU spokesman Colin Riley, who declined further comment on the litigation. (Boston University Daily Free Press, MA)
Wave of Mutilation May 2, 2007
Allina filed a motion for dismissal, arguing that it did not have a legal responsibility to get consent from the Nelsons. The motion was granted, but Baer, undeterred, has taken the case to the Minnesota Court of Appeals. (City Pages)
• Trespass charge gets dismissed May 2, 2007
South Central District Judge Donald Jorgensen signed the motion for dismissal on Monday, according to court documents. Suhr said the charge was dropped after he received an affidavit from the landlord of the apartment building, which said Bjarko had permission to be in the apartment. (Bismarck Tribune, ND)
Judge OKs suit against maker of stickball bat Apr 13, 2007
In its motion for dismissal, Sky Bounce cited a 1997 case in which a Queens man lost his eye in a similar accident. But the expert witness in that case did not perform scientific tests and the case was dismissed. (Newsday -- Long Island)
Judge throws out Padilla plea Apr 11, 2007
Judge Marcia Cooke rejected Padilla's motion for dismissal of the case, made last October, due to "outrageous government conduct", late on Monday. The ruling clears the way for the expected start of his trial next week. (Aljazeera.net)
Judge OKs lawsuit over convicts' voting rights ads on buses Apr 5, 2007
"The court recognized that the basis for PAT's motion for dismissal was meritless and ruled the right way in this case.". The groups want ex-offenders to know their rights because state law has changed in the last decade. (NEPA News, PA)
• Defense moves for dismissal Mar 28, 2007
The defense attorney for a woman facing methamphetamine and child abuse charges has filed a motion for dismissal, claiming prosecutors withheld evidence from the defense. Susan Schmidt, the defense attorney for Stacey Hildebrand, filed the motion for dismissal on Thursday ... Wefald said he would not act on Schmidt's motion for dismissal Tuesday, and he does not want to sentence Hildebrand until the matter is settled. (Bismarck Tribune, ND)
Firefighters tackle smoke stack Mar 8, 2007
The Reynolds have filed a motion for dismissal and a hearing is set for March 23. Barton said he hopes to get the issue resolved soon. (Park Hills Daily Journal, MO)
Princeton woman arrested, indicted for drug buy allegedly committed by Anna woman Mar 6, 2007
Roach and Kemp submitted a motion for dismissal with 401st District Judge Mark Rusch the next day and the charge was dropped. City spokesman Steve Hill said in response to the incident, he officers acted responsibly and in good faith and used the best information at the time that they had at the time in the case that was presented to the district attorney. (McKinney Courier-Gazette, TX)
Skype Off The Hook Jan 25, 2007
U.S. District Court Judge Florence-Marie Cooper, concluded Streamcast had failed to make in a January 18 ruling on a motion for dismissal, according to the report. The Judge dismissed all claims against Skype, eBay and more than a dozen other defendants. (VoIP News Australia)
Judge Dismisses Online Phone Suit Jan 24, 2007
In her ruling Thursday on a motion for dismissal, U.S. District Court Judge Florence-Marie Cooper concluded that StreamCast failed to make its case for relief under federal antitrust laws and dismissed all claims against Skype, eBay and more than a dozen other defendants. Cooper declined to exercise discretionary jurisdiction to consider state law claims such as unfair competition and fraudulent transfer. (ABC News -- Wire)
Daily Briefing Jan 24, 2007
In her ruling last week on a motion for dismissal, U.S. District Court Judge Florence-Marie Cooper concluded that StreamCast failed to make its case for relief under federal antitrust laws and dismissed all claims against Skype, eBay and more than a dozen other defendants. Seagate Technology sets revenue mark. (Atlanta Journal-Constitution -- Business)
Cordish sues Seminoles Jan 3, 2007
In its suit, the tribe said Cordish, headed by Chairman David Cordish, is collecting excessive fees after putting very little of its own money at stake in the deal and "doing absolutely nothing' once the casinos opened in 2004. David Cordish, who partnered with a former associate of Donald Trump to secure the deal, has said the lawsuit is without merit and has filed a motion for dismissal. In its statement yesterday, Seminole Hard Rock Entertainment said the lawsuit was part of a pattern of... (Sunspot.net -- Business)
Report: Apple facing several federal lawsuits Jan 2, 2007
The suit was filed in July and the court denied Apple's motion for dismissal on December 20, the story said. Another lawsuit mentioned in the story "alleges that the logic board of Apple's iBook G4 fails at an abnormally high rate." And another filed by PhatRat Technology alleges patent infringement on a product, the story said. (CNET News.com)
