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c) The Court May Act on Its Own Motion . Although the Rule specifies that “a defendant may move” for a Rule 41(b) dismissal, the Court of Appeals has held that a court may dismiss a claim or action on its own motion. Perkins v. Perkins, 88 N.C. App. 568, 569, 364 S.E.2d 166, 167 (1988); Blackwelder Furniture Co. of Statesville, Inc. v. Harris Higgs domino tukar pulsa
A. Standard of Review for Rule 12(c) Motion for Judgment on the Pleadings. “The standard of review for a motion for judgment on the pleadings is the same as for a motion to dismiss for failure to state a claim for relief under Rule 12(b)(6).” EEOC v. Faurecia Exhaust Sys., 601 F. Supp. 2d 971, 973 (N.D. Ohio 2008); see also Legge v.

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Jul 31, 2013 - Edward O'Connor of The Eclipse Group has stepped in as counsel for Impression Products, Inc., one of many firms named as defendants in Lexmark's toner cartridge patent-infringement lawsuit in the U.S. District Court for the Southern District of Ohio. Mr. O'Connor has filed a motion requesting that the court dismiss Lexmark's claims against his client, a third-party supplies ...

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Civil Actions. This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.

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The motion to dismiss in the interest of justice is a provision of the New York Criminal Procedure Law (CPL) § 210.40; since being interpreted in People v. Clayton , [1] it has been known as a " Clayton motion ".

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The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, ­district courts, and county courts.

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The motion to dismiss in the interest of justice is a provision of the New York Criminal Procedure Law (CPL) § 210.40; since being interpreted in People v. Clayton, it has been known as a "Clayton motion". CPL 210.40 is a successor to section 671 of the Code of Criminal Procedure...

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Ohio judge rejects motion to dismiss charges against officer By Dan Sewell, Associated Press | Posted - May 25, 2017 at 11:32 a.m.

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Aug 03, 2019 · FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.

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SUPREME COURT OF OHIO Case No. 12-2151 Election Contest Subject to Ohio Rev. Code §§3515.08 and 3515.14, and Section 6, Article II, of the Ohio Constitution MOTION TO DISMISS HOLMES COUNTY BOARD OF ELECTIONS AS A PARTY RESPONDENT TO ELECTION CONTEST W. Stuart Dornette (0002955) Donald C. Brey (0021965) Beth A. Bryan (0082076) TAFT, STETTINIUS ...

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Ohio judge rejects motion to dismiss charges against officer By Dan Sewell, Associated Press | Posted - May 25, 2017 at 11:32 a.m.

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Ohio 3484 (Ohio Ct. App.), appeal dismissed, 817 N.E.2d 407 (Ohio 2004). The affirmative defense also fails because it is not appropriate to resolve such a defense at the motion to dismiss stage; because of the existence of a fiduciary relationship; and because some of the named Plaintiff beneficiaries are minors. 5. Count V — Breach of ...

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