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motion to dismiss

Oct 15, 2015

Fourth Department – Motion to Dismiss: Fitzgerald v. SMS/800, Inc.

Appellate Division, Fourth Department Motion to Dismiss Amended Complaint – Duplicative Causes of Action Fitzgerald v. SMS/800, Inc. CA 15-00356 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action following his termination as president and chief executive officer of the defendant. The plaintiff alleged a breach of the parties’ employment agreement. The [&he[...]

Sep 9, 2011

In re: Karlstrom

U.S. District Court, WDNY Abuse Motion to Dismiss — Change of Circumstances In re: Karlstrom 09-12267 B Judge Bucki Background: The trustee moved to dismiss the bankruptcy case for the third time. The trustee had successfully dismissed the case after finding that the bankruptcy relief sought by the debtors would constitute abuse. The debtors refilled […]

Apr 26, 2011

Motion to Dismiss: Burroughs v. City School District #39 School, et al.

U.S. District Court, WDNY Motion to Dismiss Exhaustion of Remedies Burroughs v. City School District #39 School, et al. 10-CV-6320 Judge Telesca Background: The plaintiff brought action under the Americans with Disabilities Act claiming he was discriminated against by the defendants on the basis of his disability. The plaintiff did not allege what disability he […]

Apr 18, 2011

Motion to Dismiss: Malcolm v. Honeoye Falls-Lima Central School District

U.S. District Court, WDNY Motion to Dismiss COBRA Benefits Malcolm v. Honeoye Falls-Lima Central School District 08-CV-6300 Judge Larimer Background: On Nov. 10, 2009, this court granted a motion by the defendant in this matter, the Honeoye Falls-Lima Central School District to dismiss the complaint, primarily on the grounds that the plaintiff’s claims of discrimination […]

Apr 8, 2010

Copyright: Peter F. Gaito Architecture LLC v. Simone Development Corp.

U.S. Court of Appeals, Second Circuit Copyright Non-infringement — Motion to Dismiss Peter F. Gaito Architecture LLC v. Simone Development Corp. 09-2613-cv Appealed from the Southern District of New York Background: The appeal is from a judgment granting the defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and dismissing the plaintiffs’ […]

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