Ex-CEO of Comverse Technologies Loses Bid to Block Forfeiture of Citigroup Assets Sep 12, 2007
The judge also ordered further discovery regarding the government's motion to strike Alexander's wife's statement of interest -- essentially, the civil forfeiture equivalent of a motion to intervene -- on the basis of Article III standing. That motion will be held in abeyance pending further discovery. (Law.com)
Judge orders fitness examination; Pate has another outburst in court Sep 5, 2007
He also said a motion to strike at this point was premature, saying an admonishment is only required when an appointment is made according to the specific statute cited by the state. The judge then moved forward with a plan to appoint a doctor to examine Pate under the aforementioned statute to determine Pate's fitness and appointed Dr. Robert E. Chapman. (Carmi Times, IL)
Robbery conviction reversed over denial of cross-examination Aug 4, 2007
The trial judge, Carmen E. Espinosa, denied a motion to strike the redirect examination from the record. The Appellate Court ruled that failing to strike that testimony violated Moore's constitutional right to confront the witnesses against him. (Journal Inquirer, CT)
Watson in court to face 2003 rape charge Jul 25, 2007
Jury selection for that case began at the Beaufort County Courthouse Monday, but was halted when Watson s attorney, Maynard Harrell, made a motion to strike the panel because there weren t enough black people in the jury pool. There were about 60 potential jurors called and 39 showed up, and of those, two were deferred, District Attorney Seth Edwards said during a court recess. (Washington Daily News, NC)
Ex-USD football coach loses a round in court appeal Jul 19, 2007
Last year, the court awarded USD officials $57,499 in fees and costs from McGarry after they won their motion to strike the defamation claims. Yesterday, the Court of Appeal ruled defendants are entitled to costs on appeal. (San Diego Union-Tribune -- Sports)
Grass-roots power plays die on arrival Jun 11, 2007
But now comes a motion to strike from the electricity cooperative. The co-op says the resolutions carry no force beyond expressing public opinion. (Telluride Daily Planet, CO)
County: Deputy sat behind barn for hours Jun 6, 2007
In response, McGuire filed a motion to strike Bass' motion to dismiss, saying that no law xplicitly allows Bass to file a motion to dismiss. Bass' lawyers filed a motion to strike the sheriff's motion to strike. (Pekin Times, IL)
Subsidized preschool on chopping block Jun 1, 2007
Five-year budget committee veteran Ralph Poole recently made a motion to strike the preschool from the recreation department budget, and the general consensus among budget committee members was the pre-school should be eliminated from the city s proposed budget. There s the possibility something could change, but I don t think it will, Poole said. (Ontario Argus Observer, OR)
NAR, C.A.R. Nemesis Attorney David Barry Loses Again May 25, 2007
C.A.R. says it filed the malicious prosecution action against Arleen Freeman and her attorney David Barry in September 2005 whereupon Barry filed a motion to strike C.A.R. s malicious prosecution complaint, which the San Diego Superior Court denied in February 2006, agreeing with C.A.R. s position that no reasonable attorney could think there could be another lawsuit on the same matter that had already been dismissed by the Federal District Court and the Federal Court of Appeals. The February... (RealtyTimes)
GARY J. ANDRES: Partly sunny May 24, 2007
But other than that, once the list is disclosed, the point of order to block the bill can't be raised and a motion to strike the earmarks is not in order. Last year's Republican practice allowed any member to raise and debate this point of order about objectionable earmarks when the House was considering the rule on a bill, (in the House most major legislation is preceded by a separate measure called "a rule," which lays out the terms of the debate, how long the House will consider the bill and... (Washington Times)
A Welcome Show of Support for State and Local Control in Education May 10, 2007
So Hoekstra, with support from Republican leadership, offered a motion to strike the curriculum provision and insert in its place new language: Nothing in this act, or the amendments made by this act, shall be construed to limit the authority of state governments or local school boards to determine the curricula of their students. The House of Representatives approved Hoekstra s motion almost unanimously, 408 to 4. (Human Events Online)
Judge: Evans can be charged in shooting Apr 20, 2007
In his ruling, Desens denied the defendant's oral motion to strike the "Friend of the Court" brief filed Tuesday by the Shores' attorneys Hector Figueroa of Willcox and Keli Luther, senior counsel with the Phoenix-based Voice for Crime Victims. The brief stated that the justification defense is not applicable in this case because an innocent third party was injured. (Benson San Pedro Valley News Sun, AZ)
Senate runs up tab on spending bills Apr 13, 2007
Jent's motion to strike the money passed 30-20. . (Missoulian, MT)
Proposed budget for Canton scrutinized at public hearing Apr 5, 2007
The motion to strike the sentence passed, with aldermen Sonya Lewis and Kevin Meade voting no.. During discussion, Whites said the minutes are not a verbatim transcript of all that is said; they reflect motions made, action taken and some background or history. (Canton Daily Ledger, IL)
The Wildlands Project: Nothing New Apr 5, 2007
The Wyoming Farm Bureau's Second Motion to Strike is denied. The Farm Bureaus' motion to expedite is denied as moot. (Great Falls Prairie Star, MT)
Palm Profits Plummet as Buyout Speculation Swirls Mar 26, 2007
Spencer also granted Palm's motion to strike the portion of NTP's complaint alleging misbehavior at the U.S. Patent and Trademark Office. "We are extremely pleased with the court's decision to grant a stay," said Mary Doyle, Palm's senior vice president and general counsel, in a statement. (SmallBusinessComputing)
House Backs Withdrawal of Troops From Iraq in Challenge to Bush War Policy Mar 24, 2007
At the same time, Republicans said they expect to prevail on a motion to strike the language from the bill. We will defeat this on the floor of the Senate,'' said Senator John McCain, an Arizona Republican. (Bloomberg -- US)
Millar: Noble Libel Suit Mar 3, 2007
The York University Foundation (YUF) has filed a motion to strike down Noble's claim of libel because the press release that Noble claims defamed him, which was issued on the Internet, should fall under broadcast libel law. . (Zmag.org)
Medical examiner testifies Jan 19, 2007
Johnson denied the defense counsel s motion to strike Moody s testimony. The trial began Wednesday morning with arguments made out of the jury s presence regarding the paternity of Biddle s children, each of whom was fathered by a different man. (Texarkana Gazette, TX)
Zoo loses bid to strike out Bingle case Dec 8, 2006
But Justice Richard Edmonds disagreed, today ruling against Emap's motion to strike out, saying while the March 27 copy of the magazine could not reasonably be characterised as "obscene," it could be considered smutty ... He dismissed Emap's motion to strike out, subject to some concessions by Miss Bingle, and adjourned the matter to December 12 for further directions. (Sydney Morning Herald)
Political Notes Bartlett responds t... Oct 13, 2006
On Wednesday, DekonR posted a 3 minute 9 second clip on YouTube of the now infamous March 17, 2005 work session where Mr. Cady, incensed that the hat stayed on, made a motion to strike $30,000 out of the parks and recreation budget -- the equivalent of the man's salary. The money was later reinstated, and Mr. Cady apologized. (Frederick News-Post)
BUS DRIVER SAYS NO TIME FOR ADEQUATE REST Sep 28, 2006
U.S. District Judge Ricardo Hinojosa granted a defense motion to strike the only mention of the Sept. 23, 2005, accident from the copy of the indictment that will be given to the jury. "The fact that there was an accident, I don't know that that's evidence here," Hinojosa told Assistant U.S. Attorney John Kinchen. (Tyler Morning Telegraph, TX)
Homeless murder set for trial Sep 26, 2006
In March, Circuit Judge Donald E. Pellecchia ruled against a motion to strike statements made by Ridenour the day of his arrest in the trial. The motion claims Ridenour was drunk and in custody when he made the comment, "I did it.". (Charlotte Sun Herald)
N.Y. Judge Rebuffs McDonald's Motion to Dismiss Deceptive Ad Claims Sep 22, 2006
"This information is enough to allow defendant to interpose a response, and the defendant's motion to strike is denied.". Sweet ruled that the plaintiffs "sufficiently described" the injuries that each had allegedly suffered -- "physical injuries of weight gain, obesity, hypertension, and elevated levels of LDL cholesterol; 2) false beliefs as to the nutritional contents and effects of defendant's foods; and 3) economic losses in the form of defendant's products that they would not have... (Law.com)
Federal Judge Denies KPMG Request for Jury Trial on Defense Fees Sep 21, 2006
Attorneys for KPMG had argued in their memorandum of law in opposition to the former employees' motion to strike KPMG's jury demand that the former employees' breach of contract claim is an "action at law" and one for which KPMG is entitled to a trial by jury. Kaplan, however, said that the monetary relief the former KPMG executives seek would be "exactly the type of monetary relief that courts, and the Restatement [of Contracts], envision as equitable relief; they are incidental to the grant of... (Law.com)
More of this story Sep 13, 2006
With an audience of current and former city council representatives in attendance as well as past and present Wal-Mart employees Koffman spent about an hour Monday afternoon discussing the City of Boonville's motion to strike a paragraph from Bugg's pleading. He previously allowed seven points presented by Bugg in the lawsuit. (Boonville Daily News, MO)
Civil case against Kring, town in holding pattern: Depositions to wait until criminal trial concludes Aug 4, 2006
e'll have to make a motion to strike their depositions because I wasn't notified, she said. Argentieri said it wasn't an issue, because the witnesses' depositions weren't taken. (Hornell Evening Tribune, NY)
Calif. High Court Slaps Misuse of Anti-SLAPP Laws Jul 29, 2006
Soukup successfully filed a motion to strike the suit under the state's anti-SLAPP law, then turned around and sued Hafif for malicious prosecution ... Thursday's ruling affirms a 2nd District opinion denying Mauro's motion to strike Flatley's suit as a SLAPP suit. (Law.com)
Letters to the editor Jun 28, 2006
I want to explain that the motion to strike the "offensive prohibitions" was premature because the board procedure is always to have general discussion before we vote so as to encourage and respect open debate. Free speech, dissent and criticism are flourishing at the ACLU, and I am absolutely confident that the national board will never agree to violate such fundamental principles. (Pittsburgh Post-Gazette, PA)
Judge denies Lewis’ latest motion Jun 7, 2006
He added he believes Judge Thomsen lacked lawful authority to overrule Lewis motion to strike and to grant Horn and Wells motion to dismiss. At the end of his motion, Lewis swore that all facts in the motion are true, undisputable and immune to criminal prosecution. (Park Hills Daily Journal, MO)
Hy-Drive Technologies Announces Fiscal 2006 First Quarter Financial Results Jun 1, 2006
CHEC's motion to strike Hy-Drive's and Dynamics claims were denied. However, their claims were stayed pending trial on the Plaintiff's action. (Canada Newswire)
Hearing scheduled in petition against circuit clerk May 18, 2006
Horn files motion to dismiss, Lewis makes motion to strike that motion ... On Monday, Lewis responded to Horn's motion by making a motion to strike her motion from the record ... In the motion to strike, he states Horn's motion to dismiss was othing more than a misleading and frivolous attempt to assist (Wells') circumvention of an adverse default judgment and the filing of (Wells') truthful Answers' to the verified petition. (Park Hills Daily Journal, MO)
Miami party promotes Mint condition May 16, 2006
The SEC's motion to strike Universal's affirmative defense in its securities fraud case was granted and the company's motion to quash the SEC subpoena of its bank records from , Bank Leumi and Wachovia Bank was denied. "To allow these defenses to stand would only complicate the case and waste valuable litigating time," the SEC said in a motion to strike 13 of 25 defenses. (South Florida Business Journal, FL)
Strike threat at Cannes festival May 10, 2006
If the motion to strike is carried, the festival could be gridlocked for several days. One union member told the Hollywood Reporter that the officers are planning a 55-minute stoppage before the festival and a series of strikes during the festival, which opens on May 17 and runs until May 28. (Guardian Unlimited -- Film)
Jury begins deciding Moussaoui's fate Apr 25, 2006
After they retired to deliberate, she rejected a renewed defense motion to strike the death penalty. "The case did change after Mr. Moussaoui testified and that made it more difficult for the defense," Brinkema said, referring to Moussaoui's stunning admissions that he was to fly a fifth plane on Sept. 11. (Scripps Howard News Service)
Overstock.com to Gradient Analytics and Rocker Partners: Where's the Countersuit You Threatened? Mar 9, 2006
com, Inc. is an online "closeout: retailer offering discount, brand-name merchandise for sale over the Internet. The company offers its customers an opportunity to shop for bargains conveniently, while offering its suppliers an alternative inventory liquidation distribution channel. Overstock.com is a publicly traded company listed on the NASDAQ National Market System, headquartered in Salt Lake City, and can be found online at www.overstock.com. (PRNewsFoto) SALT LAKE CITY, UT USA 09/24/2003... (PR Newswire)
Harford County Council approves zoning package despite concerns Feb 15, 2006
She entered a motion to strike down last week's vote that put the Route 22 change in the rezoning package, but her attempt failed on a 3-3 vote last night. Bel Air Republican Councilman Robert G. Cassilly, who voted against the Route 22 amendment last week and would have been the crucial fourth vote at Chenowith's side, was mobilized for military training over the weekend. (Sunspot.net -- Business)
Rape accuser answers civil suit Jan 29, 2006
Daily Press: Williamsburg. Hampton Roads, Virginia - January 29, 2006 3:55 AM. (Daily Press, VA)
Seeking a New Judge as Matter of Right in Illinois: What Is a "Substantive" Ruling? Jan 21, 2006
A ruling on a defendant's motion to strike is a substantive ruling. Swanson v. Randall, 30 Ill. (Blawg)
