Law Firm's Answer to $80 Million Legal Malpractice Suit Focuses on Trustee Plaintiff's Role Sep 12, 2008
Shields's take on his opposing counsel's form of an answer: "I was a little irritated at all of that preamble in an answer," he said, adding he'll consider filing a motion to strike. "I'm not saying we're going to do that, but we're going to take a hard look at it.". (Law.com)
Nanny Used N-Word? Sep 12, 2008
" Lowe and his wife filed a lawsuit against Boyce and another nanny in April for allegedly breaching their confidentiality agreements, and the two women have since countersued the star-studded spouses. According to both Rob and Sheryl, their careers have suffered tremendously and they have had to change locks and security systems in their home and cars as a direct and proximate result of Boyce s breaches. All of these allegations appear in the Lowes' opposition to Boyce's motion to strike their... (Fox News)
Council approves new rules Aug 28, 2008
She made a motion to strike that passage from the document before it was voted on in its entirety. That vote failed by a margin of 5-3. (Park Hills Daily Journal, MO)
City discusses windmills, eminent domain, state tax credits Aug 27, 2008
She made a motion to strike that passage from the document before it was voted on in its entirety. Council members Larry Forsythe and Mit Landrum voted along with Phillips to amend the section, but the other five council members objected to the change and the rules were left intact. (Park Hills Daily Journal, MO)
Husband can't recall wife allegedly stabbing him, charges struck Aug 9, 2008
The wife's defense, represented by attorney William Meyer, made a motion to strike the charges after the husband's testimony. "The only witness who was there said he doesn't remember anything," Meyer said. (Chatham Star Tribune, VA)
SCO hit with Novell court ruling Jul 21, 2008
In June, 2008, Judge Brook Wells granted IBM's motion to strike most of SCO's "evidence" for its non-specifity. Wells has observed: "SCO's arguments are akin to SCO telling IBM, 'Sorry, we are not going to tell you what you did wrong because you already know.'". (IT PRO)
Third doctor says Dalton competent to stand trial Jun 13, 2008
Santa Clara County Superior Court Judge Thang Nguyen Barrett denied a defense motion to exclude the tape and then took under advisement a second motion to strike the testimony and tape from the court record. The current proceeding is only to determine whether Dalton is able to stand trial. (Palo Alto Online, CA)
Council moves $1.25 million May 14, 2008
Sanchez's motion to strike the phone and comprehensive-plan study appropriations from the $1. 25 million total died 3-2 after his fellow councilmen stressed that the appropriations were just that - putting the money aside for these projects doesn't necessarily mean the city has to spend it. (Odessa American, TX)
Coach's motion to dismiss denied; parties back in court Thursday May 8, 2008
Tuttman did partially grant Chernovetz s motion to strike certain elements of Michael Morris amended complaint, in which he not only seeks the injunction but damages on three claims: assault, intentional infliction of emotional distress and civil-rights violations (the interference with Timothy Morris schooling). The judge eliminated from the case the attachment of a 24-page 1997 Connecticut arrest-warrant application, a portion of which reports Chernovetz s interview with police during the... (Marblehead Reporter, MA)
Henry K. Lee's Trial Blog Apr 15, 2008
"All right, subject to a motion to strike," the judge said. "Uh, yes," Reiser said in response to the question. (San Francisco Chronicle -- Crime)
Lawsuit will be heard Apr 11, 2008
The judge denied all but one matter of a motion to strike the CPRPRO suit, allowing the matter to proceed. CPRPRO filed the suit earlier this month claiming the petitions circulated by the McLeans to qualify a ballot measure regulating private home rentals in the city of Big Bear Lake violated election law. (Big Bear Grizzly, CA)
Overstock.com Obtains Another Positive Ruling in Prime Brokerage Litigation Feb 16, 2008
com, Inc. (Nasdaq: ) () announced today another favorable ruling in the lawsuit pending in the Superior Court of California, County of San Francisco against most of the largest prime brokerage firms in the country, including Morgan Stanley ncorporated, Goldman Sachs Bear Stearns Companies, Inc., Bank of America Securities LLC, Bank of New York, Citigroup Inc., Credit Suisse (USA) Inc., Deutsche Bank Securities, Inc., Merrill Lynch, Pierce, Fenner , Inc., UBS Financial Services, Inc. and Lehman... (PR Newswire)
Jury term begins today - Drug possession, domestic abuse, drug distribution, murder among charges Jan 23, 2008
Jon Livingston, a former Bryan County sheriff and SOSU professor, is scheduled for trial Feb. 5, but his attorney has filed a motion to strike the case from this jury term. Livingston, who served as sheriff for a brief period of time in the 1980s, is accused of fondling women at a massage parlor. (Durant Daily Democrat, OK)
Records case costs public $50,000 Jan 15, 2008
And the association's motion to strike private attorney Benjamin Allen from the case also is a matter of contention. At Judge Carl C. Brown Jr.'s request, the attorneys brought their bills to last week's hearing. (The Augusta Chronicle)
Suspicion Over Death Goes Public Jan 15, 2008
Whether they will testify hinges on how Judge A. Susan Peck rules on Beebe's motion to dismiss and another motion to strike one of Graves' affidavits. Kane declined to comment Monday. (FOX61, CT)
IPA files motion to strike IHSA's lawsuit Dec 15, 2007
Bureau County Republican - News. By Barb Kromphardtbkromphardt@bcrnews. (Princeton Bureau County Republican, IL)
Grand jury indicts Concord man for second-degree murder Dec 5, 2007
During closing arguments, Arthur requested a motion to strike, which was an attempt to have the murder charge dismissed. Authur stated that Assistant Commonwealth's Attorney Les Fleet did not provide enough evidence showing Barnes intended to kill Megginson. (Appomattox Times Virginian, VA)
Columbia's Simon Blasts Professors' Role in Nextel Bias Case Nov 22, 2007
But he was not allowed to testify after the attorneys who hired him did not respond to a defense motion to strike him as an expert. William Simon asserts that the Nextel case is just one example of a "vast enterprise" in which lawyers and legal scholars provide dubious legal opinions and advice to shield those who hire them, to the detriment of innocent third parties. (Law.com)
After-hours visits OK'd for inmate Nov 22, 2007
Nathaniel Carr, one of Dixon's advisory attorneys, said he is preparing a motion to strike the panel. The jury selection has not been completed. (AZCentral -- News)
Man Describes Simpson Hotel Room Scene Nov 11, 2007
He did an interview as recently as Thursday night, which concerned Bonaventure, although he rejected a defense motion to strike Cashmore's testimony. . (Newsmax)
Commission drops one charge against sheriff's deputy Oct 20, 2007
Things became more confusing when Bass' attorneys then motioned to strike Huston's motion to strike Bass's motion to dismiss. The confusion became evident at Thursday's hearing, as commissioners took several short recesses to discuss how to navigate through the motions. (Pekin Times, IL)
Throw out case on detainee policy, Ottawa urges Oct 18, 2007
If successful, the motion to strike the application for review would derail the case before the parties get to the heart of the matter. Amnesty International Canada and the British Columbia Civil Liberties Association contend that a December, 2005, transfer arrangement between Canada and Afghanistan lacks adequate safeguards to prevent torture of prisoners. (Globe and Mail -- National)
Future-Pain Award Survives Beneficiary's Sudden Death Sep 22, 2007
After granting Flanzraich's motion to strike the defense's answer based on its failure to produce its employee who painted the steps, Justice Alan LeVine referred the matter to Justice Duane Hart to conduct an inquest on damages. On March 14, 2005, Hart awarded Flanzraich $472,631, including $150,000 for future pain and suffering. (Law.com)
Judge: Jury Can Read Statement Sep 16, 2007
another defense motion to strike the death penalty, made a year ago. During the hearing Friday morning, Webb listened to testimony by a state psychiatrist that his examinations of Phillips led him to conclude that Phillips' appearance of mental problems was acting. (The Pilot Newspaper)
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)
