Is a request to dismiss a motion the same as requesting denial of the motion? Given the statement: Defendant respectfully move this Honorable Court to deny and dismiss Plaintiffs motion dated 1/1/20. If the goal is to ask the ajudicating authority to not perform opposing counsel's request, is there any difference if the word deny is removed? Defendant respectfully move this Honorable Court to dismiss Plaintiffs motion dated 1/1/20 IANAL and trying to get a sense of the nuance of the pleading language.
A court would &quot;dismiss&quot; an action, a claim, or a defendant, but I don't know of any American court that would &quot;dismiss&quot; a motion. Instead, a motion would be &quot;denied,&quot; or perhaps &quot;overruled.&quot; If I saw this language in a motion, I would assume it was just a lawyer doing the stereotypical redundance thing.
Admission of copying proves one of the elements that the plaintiffs would normally need to prove in an infringement suit, making a law suit less risky from their perspective. This may very well invite lawsuits that would otherwise not be filed. But, this is pure speculation. Your legal rights are the same, independent of how much you choose to reveal in advance of a lawsuit. If your copying doesn't amount to a substantial taking, then it isn't infringement, whether you admit to copying or not.
Not in this case First, we are having an appeals court case that is filed against the dismissal of the real case - there had been no trial. It's a research into if there was a clear error of the court, not who would have won. The Appeals court decided to send it back to the district court with pretty much a direct order to have a trial and solve the issiue, as the very last paragraph of the file shows: We conclude that Schwake stated a Title IX claim against the University because he plausibly alleged gender bias. Accordingly, we reverse and vacate the district court’s order and judgment dismissing the claim with prejudice, and remand for further proceedings. Now, back to your quote. As this is an appeal case, the standard is different than in the district court. In this case, it tries to see if there might have been a case, which was dismissed erroneously. Page 15 and 16, where you cite, states (emphasis mine): Schwake’s allegations of a pattern of gender-based decisionmaking against male respondents in sexual misconduct disciplinary proceedings make that inference plausible. He alleged that “[m]ale respondents in student disciplinary proceedings involving alleged sexual harassment and misconduct cases at [the University]” “are invariably found guilty, regardless of the evidence or lack thereof.” Schwake further alleged that he was “aware of recent [University] disciplinary cases against male respondents in alleged sexual misconduct cases who were all found guilty regardless of the evidence or lack thereof.” The district court was not free to ignore this non-conclusory and relevant factual allegation. [your quote] The absence of this level of detail from Schwake’s complaint does not render Schwake’s allegation conclusory or insufficient. There is no heightened pleading standard for Title IX claims. See Austin, 925 F.3d at 1137 n.4. That point is particularly apt here. It may be difficult for a plaintiff to know the full extent of alleged discrimination in decisionmaking before discovery allows a plaintiff to unearth information controlled by the defendant. This sheds much more light upon the situation of the case: Schwacke sued and alleged something. The University alleges the contrary in their reply brief and asks the court to dismiss the claim. The court dismissed in March 2018. This was before any discovery has taken place: nobody was subpoenaed, nobody had to testify in court, nobody had to turn over any documents. We have only statements from either side. As the next step, Schwacke appealed the dismissal, and the 9th Circuit Court of Appeals reversed and remanded, as it found clear error in the handling in dismissal, as one can see in the last paragraphs from each claim's section: Here, we are satisfied that Schwake’s allegations of contemporaneous pressure and gender-based decisionmaking establish background indicia of sex discrimination relevant to his Title IX claim. Considering the combination of Schwake’s allegations of background indicia of sex discrimination along with the allegations concerning his particular disciplinary case, we conclude that sex discrimination is a plausible explanation for the University’s handling of the sexual misconduct disciplinary case against Schwake. This is sufficient for Schwake’s Title IX claim to proceed beyond the motion to dismiss stage. Now it is up to Schwacke to get into discovery, subpoena the information from the university and go into the courtroom trial... Unless the parties settles. Sidenote By the way, the quote of the university refers to a different case from the 6th Circuit (where Ohio is), which they try to pull up as a model standard. This case is not binding for the 9th Circuit (where Arizona is) but could have been used as a model. Doe v. Miami University, 882 F.3d 579 (6th Cir. 2018) is somewhat similar to Schwacke, as it had been previously dismissed. However, the Title IX was restored by the Court of Appeals for the 6th Circuit and it was sent back to the lower court to have a trial. Here too, the standard was reasonable expectation or plausibility: Plaintiff “allege[d] facts showing a potential pattern of gender-based decision-making that ‘raise a reasonable expectation that discovery will reveal’ circumstantial evidence of gender discrimination.”
Either is possible Let's look at a very recent example: Dominion sued Guliani and Powell separately. But Smartmatics sued both plus Fox at once. Their allegations are even very similar. The benefit of Smartmatics' approach is, they only need to file documents once, and only meet one time the filing fee. Parties may try to get their case split off, then they become a separate case and it becomes the Dominion strategy. The benefit of Dominion's approach is, that the separate cases are harder to dismiss for each party on their own and they have no standing to weigh in on the other case. If the court consolidates the cases, it becomes the Smartmatics strategy. Also note, that the court can act on its own against a joint lawsuit: parties might get dismissed from it that were improperly joined. Those dismissals are without prejudice and can be fixed by just re-filing the lawsuit against the dismissed defendant alone.
&quot;Cancellation&quot; is generally a result of some statement or action a person made becoming public or having been made in public. Tortious interference requires that the defendant's actions are independently wrongful, such as defamation or criminal acts against the plaintiff. Truthful speech and opinions which do not allege facts are protected by the First Amendment (as well as state constitutions) and thus cannot be wrongful conduct. To apply that here, anyone can react to public knowledge about a person and call for that person to be fired, that is protected speech. As far as I know in this particular petition's case, RMS does not dispute that he made the statements they are attributing to him and using as evidence for their call to remove him from the board.
Here's the thing: if the plaintiff/appellant/claimant are the same legal entity as the defendant/respondent, it's plain to see that one of them must lose. For instance, consider a case where two trains operated by the same corporation collide. Assuming that the drivers both performed their duties, the company is vicariously liable &ndash; such a case is frivolous and is likely to be thrown out for that reason. It's just a waste of time and money. Or your second example: If the woman was driving the city vehicle and crashed it in the course of her duties, it is the city that will be the defendant in the proceedings, not the woman. So essentially: while it's difficult to prove that something has never happened, these are good reasons to expect it would not happen.
The simplest solution is to hire an attorney to do this for you. If you want to do it the hard way, you need to try to figure out why your motions were denied. For example, did you file proper motions, or did you just write on a piece of paper "I need all of Walmart's records"? Why do you think that a court will / should supply you with an Open Record (of what)? A real lawsuit is not like Judge Judy where you tell your story and hope the judge has sympathy on your plight. Did the judge say / write anything about why he is denying your requests?
Your assumptions are incorrect. Courts allow oral arguments (when they do allow them) so that attorneys have a chance to better address a judge's concerns. The idea is that it lets an attorney not only present the core of his case, but it also lets him address any problems with his reasoning that the judge may have or help the judge explore a complicated question. Without that all you have is the back-and-forth in writing with opposing counsel, which is useful, but may not actually address the issues that are important to the judge. There is some difference in how you present arguments on paper as opposed to in oral argument, but the distinction is largely one of style rather than substance. An argument that is great on paper is still great when presented out loud, you just present it differently because you are presenting it in a different medium. For example, you have to present oral argument with the assumption that the judge may interrupt you at any time to ask a question they are interested in, derailing your entire pre-planned argument into a tangential point the judge considers important. This is great because it lets you address what the judge is concerned about, but it requires a different preparation and some changes to the format of your argument. For example, while you will front-load both oral and written arguments with a roadmap, both your roadmap and your first sentence are much more important in oral argument.