Clerk would handle about 70% personal injury (managing claims, motion practice, and drafting pleadings) , 20% miscellaneous civil (usually research memos), and 10% estate planning (research memos, drafting court docs).
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The reason (probably) why Follett didn't sue is because their lawyers determined that they would not survive an initial Motion to Dismiss for failing to state a claim upon which relief can be granted (i.e.
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TN is terrible, the viewing angles suck, the colors distort with every slight motion of you head, despite the 1ms response time they claim, my TN ghosts horribly, to the point it's hard to look at.
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The only people I see talk about "free" energy are the crazies who claim they have a perpetual motion machine and now everyone is trying to kill them and/or steal their magic machine to make sure it never comes to fruition.
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Thus, the lawsuit would be dismissed on a 12(b)(6) motion to dismiss based on failure to state a claim.
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There is simply not enough energy in the motion of the sand to produce what they claim.
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This pending motion is a last-ditch effort as the appellate courts (who reviewed all evidence and testimony) determined his previous claims held no merit.
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Dvorak proponents claim the Dvorak layout uses less finger motion, increases typing rate, and reduces errors compared to the standard QWERTY keyboard.
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Maybe their line of thinking was "Well, it makes people extremely motion sick but we need to make a claim that makes it sound like it doesn't without saying it directly, so it isn't exactly a lie.
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I think the claim is that they're combining the 3DS-style 3D with Rift-style motion tracking, which admittedly is both admirable and cool because it'd be rad not to need those lenses but first of all I don't know of any games that actually could take advantage of both of these technologies at the same time and secondly I have grave doubts that it's even possible for that to work without being subject to the same headaches the 3DS is infamous for.
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A motion to reopen is fied with the same court based on new information regarding existing claims.
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A patent application of Sony claims to have developed a motion assist device that augments muscular strength in the elderly or factory workers while supporting them in very natural manner.
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I would argue that it is, as most things like a takedown would require an injunction issued by a judge after a claim was filed, until a motion was brought by the defendant or a counterclaim was filed.
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With motion graphics gigs though, I see what I produce as "work for hire", meaning there is no IP claim to the work.
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One motion effectively says that Icon does not have any evidence that supports the claim they made against poster's parents.
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The other one is a motion claiming that even if Icon could prove every fact that they claimed ten there is legally recognizable claim.
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I've also heard that a number of physicists who appear in the media tend to accumulate more "crackpot" theories that claim to explain everything from TOE to perpetual motion - have you had any of these, and if so, what's the best one you've had so far?
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Our specialists can claim decades of experience in this technique, still performed today with the same ability and the same motions of their predecessors from centuries gone by.
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REPUBLICANS ARE MULLING OVER THE IDEA OF IMPEACHMENT AND CLAIM THEY HAVE ENOUGH SPONSORS TO GET IT INTO MOTION AND TO CENSURE THE PRESIDENT."
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Same reason we do the same with scientists who claim to have perfected perpetual motion.
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To bring a successful negligence claim (one that survives a motion to dismiss), all a plaintiff has to do is establish 4 elements of negligence: duty, breach of that duty, causation and injury.
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To bring a successful negligence claim (one that survives a motion to dismiss), all a plaintiff has to do is establish 4 elements of negligence: duty, breach of that duty, causation and injury.
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I thought they called it correct, but watching the slow motion replay I can understand how people might be upset and claim he took three steps after landing on the ground and then reaching.
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First of all, relativity has been shown to work regardless of earth's movement, so that won't change (and does lend credence to the claim of earth motion).
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First of all, relativity has been shown to work regardless of earth's movement, so that won't change (and does lend credence to the claim of earth motion).
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Like if raising from the dead doesn't break the fundamental laws of reality than resurrection is not really a miracle, and if we are all a dream, or we are a head in a vat, or the world was put into motion last thursday, than any current mainstream theistic claims lose any validity.
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Because legitimate claims get settled and shitty ones won't make it past a motion to dismiss or motion for summary judgment.
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There is an inductive argument against the claim that god(s) exist in the same vein as ghosts, magic, the Loch Ness monster, perpetual motion machines etc... People keep making the claim, and there is always no evidence for it or when there is, it turns out to be falsified.
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I'm filing a motion to dismiss but at this stage I expect it to be denied as the court has to give credence to their pile of shit baseless claim.
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If, as you claim, my statements on the failure of the load transfer system in WTC7 violate the laws of motion, then that should be easy to prove, should it not?
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Reconsideration of the Asia claim would be based upon a motion to reopen with the Circuit Court.
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The proprioception article claims it was from his new throwing motion.
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I've never read a comment from anyone in /r/atheism that claims there can't be a higher power that set things in motion.
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An IIED claim for disclosing a phone number when there is no evidence of any professional psychological counseling as a result wouldn't even survive a preliminary motion to dismiss.
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If you look at reviews such as those from TFTCentral and Prad, you'll see that most monitors make lofty (and very different) claims regarding response time and yet the motion blur is similar among models with very different claims.
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The judge then hears motions, and rules on the claims.
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If putting the plan in motion is terrifying for him, be certain that he's as on board with you, marriage, children, and commitment as he claims.
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If she files a claim and the record company wants it dismissed, they must file a motion for summary judgement.
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We write briefs that cover anything that can be filed in court, but the most common briefs submitted to the court are probably motions to transfer to another court, motions to compel discovery (the other party needs to give us more), claim construction briefs (arguing your interpretation of the claims that define what the patent covers), motions for summary judgment (basically, dismissal before trial on one or more issues), and a plethora of discovery-related motions.
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The motion claims that Palestine did not exist prior to 1948.
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At the first available opportunity, the landowner files a motion for summary judgment (or whatever that state's equivalent procedural vehicle is), wherein they will argue that even if all the evidence is viewed in a light favorable to the plaintiff (the guy who fell), he won't be able to 1) establish all the elements of his claim, or 2) negate any of the elements of the landowner's defense.
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I meant that the new affidavit, and her claims, will be argued in a motion to deny an appeal by the state.
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More like a Rule 12(b)(6) motion to dismiss for failure to state a claim under the Protection of Lawful Commerce in Arms Act (PLCAA) (15 U.S.C.
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Great easiest case ever I will make a motion to dismiss for failure to state a claim.
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Adnan could have raised this claim on direct appeal or in a state post-conviction motion, and subpoenaed Asia to testify.
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It could have been when Asia said she was willing to testify I've told Adnan's team to (1) file a Motion for Stay/Abeyance to the district court right now, along with a statement from Asia that she wasn't willing to testify until now; and (2) have the habeas petition ready to go the moment he's exhausted his state claims.
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Except nobody claims to be able to teach motions and noises babies and infants make.
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Adnan could only have a claim for IAC at trial OR a claim for IAC in connection with failing to file a motion for a new trial.
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If the police won't take it seriously with recordings, here's how to get the person's info: get a lawyer, file a statement of claim against "John Doe" harasser, then make a motion asking for.a court order compelling the telco to release identifying information about the caller.
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I believe that Prof. Miller has ably answered your argument for how Gutierrez provided IAC in this case and how some claims that arose from cases contemporaneous to the Syed case have similar incidents of her failure to file motions.
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