#summaryjudgment — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #summaryjudgment, aggregated by home.social.
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https://www.europesays.com/ch/64827/ Albertsons Loses to AIG, Chubb in Delaware on Opioid Litigation #Chubb #indemnification #InsuranceCoverage #nuisance #opioids #PharmacyCare #PublicHealth #SummaryJudgment
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https://www.europesays.com/ch/64812/ Albertsons Loses to AIG, Chubb in Delaware on Opioid Litigation #Chubb #indemnification #InsuranceCoverage #nuisance #opioids #PharmacyCare #PublicHealth #SummaryJudgment
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Case: Discrimination/Hostile Work Environment (E.D.N.C.) https://www.byteseu.com/1998950/ #depositions #environment #ExhaustionOfRemedies #ExpertWitnesses #RacialHarassment #SexDiscrimination #SummaryJudgment
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https://www.europesays.com/africa/196926/ Tort -Former Libyan Army official defeats torture claims #AlSuyidVHifter #CivilAction #edva #injuries #KhalifaHifter #Libya #LibyanNationalArmy #NegligenceAndTortLaw #plaintiffs #SummaryJudgment #TortureClaims
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The fourth brief from Friday:
#PerkinsCoie:
• We have the evidence, the government brought none. 260 unrebutted statements of material fact and the government can't produce evidence of any reason to investigate us other than the President's animus.
• This was retaliation for our use of Constitutional rights, which requires strict scrutiny of the government's interest to take some narrowly tailored action. It wasn't narrow and they didn't attempt to argue so. That's why *we* won a full #SummaryJudgment. (To be fair, #Trump picked on us first — he's always hated us, he was sanctioned for his lawsuit against us — so we had a bit more time.)
• The Constitution gives *us* the right of speech protected from the Government. That the government wants to hide their motive by suppressing the Section 1 they wrote is not supporting any of their rights but part of an engineered scheme to murder ours.
• #PaulWeiss caved and got security clearances back across the board. Quid pro quo isn't how this is supposed to work, right?
• The Government never mentions the Fact Sheet which lays out this scheme and makes everything ripe for the courts to review. If agency X "will restrict" our access that's totally ripe for review, right?Docs here: https://www.courtlistener.com/docket/70694462/perkins-coie-llp-v-doj/
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NFL’s Cowboys, Chiefs Dodge Season Ticket Systems Patent Suits
TicketMatrix LLC dropped its patent infringement allegations against two NFL teams over their season ticket systems. Two Texas…
#NFL #KansasCityChiefs #KansasCity #Kansas #Chiefs #Football #patentinfringement #summaryjudgment
https://www.rawchili.com/nfl/195537/ -
Judge #BerylHowell struck down in its entirety #Trump's punitive #ExecutiveOrder targeting #LawFirm #PerkinsCoie as a violation of the US #Constitution's protections for #FreeSpeech & #DueProcess.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278290/gov.uscourts.dcd.278290.184.0.pdf
#law #SummaryJudgment #Injunction #FirstAmendment #FifthAmendment #SixthAmendment #RevengePolitics
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Between this ruling, & the 2 #EJeanCarroll rulings, #Trump is down half a billion dollars in #legal #damages this year.
My #civil #fraud #TrumpOrganization #TrumpTrial threads:
starting w/ #Engoron’s pretrial #SummaryJudgment:
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my previous threads for some days of the trial:
Engoron’s pretrial #SummaryJudgment:
https://masto.ai/@Nonilex/111133424143457583Day1: https://masto.ai/@Nonilex/111165905370021680
Day2: https://masto.ai/@Nonilex/111171796760680512
Day3: https://masto.ai/@Nonilex/111177313717257736
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More #Trump #legal news: A #NY #appeals court continues the #stay of #Engoron’s order canceling Trump’s NY #business certificates, but DENIES a stay of the other relief granted to the #NYAG after its #SummaryJudgment victory on its first claim of pervasive, widespread #fraud in financial statements.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=5p9NRTfcYFzQKAIUUmB_PLUS_Ig==
#law #civil #conspiracy #TrumpOrganization #LetitiaJames #TrumpTrial
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Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
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Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
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Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
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Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
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Importantly, in Sept, Justice #Engoron ruled in his partial #SummaryJudgment that #Trump et al are – as a decided matter of law – liable for #fraud; this trial is only deciding the remaining charges of #InsuranceFraud, #FalsifyingBusinessRecords, considering whether defendants "intentionally & materially" violated the laws & determining the amount of #disgorgement.
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The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
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The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
-
The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
-
The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
-
The #trial will determine whether #Trump will pay a significant #penalty, as well as any other #punishments. #NYAG #LetitiaJames has asked that he pay $250M & that he & his sons be permanently barred from running a #business in #NewYork.
#legal #law #civil #conspiracy #fraud #TrumpOrganization #TrumpTrial
my previous threads for each day of the trial:
Engoron’s pretrial #SummaryJudgment:
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#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
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#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
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#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
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#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
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#NYAG #Amer questions #JeffMcConney more about how he #valued specific #Trump #properties & what info he may have excluded from his accountants’ assessment.
Note: Trump’s principal lawyer #ChrisKise is absent today.
Trump's legal team this morning filed a stay request to the state #Appellate Division (#AD1), to halt the #trial & #dismiss #Engoron’s #SummaryJudgment. #Kise, who was Florida’s solicitor general, (the top FL appellate lawyer). So presumably he’s dealing w/ they stay.
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Trump’s lawyers plan to take action today against #Engoron's #SummaryJudgment.
They plan to file a #stay pending #appeal before #NY #AD1. In court yesterday, they refused to reveal the #scope of the requested stay.
Engoron's ruling found that Trump & his companies had committed repeated #fraud, & canceled #business certs for LLCs “controlled or beneficially owned” by Trump, his sons #DonJr & #EricTrump, & 2 #TrumpOrganization execs.
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The judge's #SummaryJudgment ruling last week found that Trump & his companies had committed repeated #fraud, & canceled #business certificates for LLCs "controlled or beneficially owned" by #Trump, his sons #DonJr. & #EricTrump, & two #TrumpOrganization execs. It originally gave the parties 10 days to name a potential receiver, but Engoron extended the deadline at the request of Trump's lawyers. Trump filed a notice Wednesday that he's #appealing the ruling.
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Last week, #Engoron denied Trump's motion to have the claims against him thrown out on statute of limitations, & Engoron issued partial #SummaryJudgment on some of the AG's allegations, including that #Trump & the #TrumpOrganization had made "persistent" false claims overstating the #value of their #assets in their #financial statements.
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As the #trial against Trump was being heard in court this morning, Trump's attys filed a notice of #appeal of the judge's #SummaryJudgment ruling that Trump had committed persistent #fraud.
The notice of appeal said they were appealing "from each & every part" of the order that went against them.
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#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
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#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
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#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
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#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
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#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
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The argument by #Kise was very close to a reprise of his statements last month, which #Engoron treated harshly when he granted the AG #SummaryJudgment & found #Trump #liable. Maybe Kise thinks that these arguments will be more successful w/the remaining causes of action — but just as likely, he’s already thinking about a future #appeal while straining to please his most important client.
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Donald Trump found liable for fraud on summary judgment.
I just want to point out that summary judgment is for early adjudication of more clear claims. Usually if there's some doubt about the claim they would let it go to trial.
So for fraud to be found on summary judgment says something.
Caveat: I have not read the decision. I need to get a copy. (I'm also a Canadian lawyer, not US so if I'm contradicted by a US lawyer go with them 👍)
https://apnews.com/article/donald-trump-letitia-james-fraud-lawsuit-1569245a9284427117b8d3ba5da74249
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The judge also ordered #sanctions against Trump’s #lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.
#MAGA = #MakingAttorneysGetAttorneys#Trump still has an opportunity to #delay the #trial, or even gut the case against him. Trump has already sued Justice Engoron & an appeals court is expected to rule this week on his lawsuit. But if the #AppealsCourt rules against him, Trump will have to fight the remainder of the case at trial.
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The judge also ordered #sanctions against Trump’s #lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.
#MAGA = #MakingAttorneysGetAttorneys#Trump still has an opportunity to #delay the #trial, or even gut the case against him. Trump has already sued Justice Engoron & an appeals court is expected to rule this week on his lawsuit. But if the #AppealsCourt rules against him, Trump will have to fight the remainder of the case at trial.
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The judge also ordered #sanctions against Trump’s #lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.
#MAGA = #MakingAttorneysGetAttorneys#Trump still has an opportunity to #delay the #trial, or even gut the case against him. Trump has already sued Justice Engoron & an appeals court is expected to rule this week on his lawsuit. But if the #AppealsCourt rules against him, Trump will have to fight the remainder of the case at trial.
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The judge also ordered #sanctions against Trump’s #lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.
#MAGA = #MakingAttorneysGetAttorneys#Trump still has an opportunity to #delay the #trial, or even gut the case against him. Trump has already sued Justice Engoron & an appeals court is expected to rule this week on his lawsuit. But if the #AppealsCourt rules against him, Trump will have to fight the remainder of the case at trial.
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The judge also ordered #sanctions against Trump’s #lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.
#MAGA = #MakingAttorneysGetAttorneys#Trump still has an opportunity to #delay the #trial, or even gut the case against him. Trump has already sued Justice Engoron & an appeals court is expected to rule this week on his lawsuit. But if the #AppealsCourt rules against him, Trump will have to fight the remainder of the case at trial.
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Justice #Engoron’s decision narrows the issues that will be heard, effectively deciding that the #trial was not necessary to find that #Trump was #liable & that the core of #James’s case was #valid. It represents a major blow to Trump, whose lawyers had sought to persuade the judge to throw out many of the claims against TFG.
#SummaryJudgment
https://www.nytimes.com/2023/09/26/nyregion/trump-james-fraud-trial.html?smid=nytcore-ios-share&referringSource=articleShare -
Or the judge could deny both bids… which would simply set the case for #trial.
The judge, Arthur F. Engoron, is scheduled to hold a hearing in late Sept & could rule then.
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#James is seeking #SummaryJudgment on the claim at the core of her case — that #Trump’s financial statements were #fraudulent — & if she prevails, it would mark a significant victory & smooth her path to a potential win at #trial on the remaining claims.
If Trump won even partial summary judgment, the case could become a shadow of what it once appeared, significantly lowering the stakes of the Oct trial.
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But Trump’s #lawyers, in their own motion, argued that the entire case should be thrown out, relying in large part on a recent appellate court decision that (may)…significantly narrow the scope of the case because of a #legal time limit. #Trump received most of the loans…too long ago for the matter to be considered by a #court, his lawyers argue.…
Both filings seek… #SummaryJudgment, a ruling from the judge that they are entitled to a victory before #trial based on undisputed facts in #evidence. -
On Wed, James fired an opening salvo, arguing that a #trial is not necessary to find that Trump & the other defendants inflated the value of their assets in annual #FinancialStatements, #fraudulently obtaining favorable #loans & #insurance arrangements.
The #fraud was so pervasive, she said in a court filing, that Trump had falsely boosted his #NetWorth by between $812M & $2.2B each year over the course of a decade.
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US Judge Rules XRP ‘Not Necessarily a Security on Its Face,’ Sending XRP Supporters Into Celebration - According to a recent ruling handed down by U.S. judge Analisa Torres, the crypto ... - https://news.bitcoin.com/us-judge-rules-xrp-not-necessarily-a-security-on-its-face-sending-xrp-supporters-into-celebration/ #aidingandabettingclaim #pre-trialdeadlines #bradgarlinghouse #summaryjudgment #analisatorres #materialfact #chrislarsen #cryptoasset #xrpsecurity #ripplelabs #supporters #ruling
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Big Four #publishers move to crush the #InternetArchive
On Monday four of the largest book publishers asked a New York court to grant #summaryjudgment in a #copyright #lawsuit seeking to shut down the Internet Archive's online #library and hold the #nonprofit organization liable for damages.
https://www.theregister.com/2023/03/20/internet_archive_lawsuit_latest/