demurrer

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9.379 documents for demurrer

- CPLR 3211(a) (7): demurrer or merits-testing device?
New York Civil Practice Law and Rules ("CPLR") 3211 is one of the most important and frequently used procedural devices in civil actions. The statute ...
- Albany Law Review
- Vol. 73 Nbr. 1, September 2009
- Demurrer
An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle ...
- West's Encyclopedia of American Law
- Com–Dor
- Summary Judgment Is Constitutional
This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
- Iowa Law Review
- Nbr. 93-5, July 2008

- Ag: 'Meritless' Argument
The state Attorney General's Office is calling a legal argument to dismiss criminal charges against San Bernardino County Supervisor Neil Derry for allegedly laundering a campaign contribution as "meritless" and misinformed. During a scheduled arraignment on June 9, Derry's attorney, George Newhouse, filed a demurrer with the court challenging the sufficiency of the charges against Derry. Judge Michael Dest continued the arraignment until Thursday to review the demurrer and make a decision.
- Redlands Daily Facts
- June 22, 2011
- California Unfair Competition Claims Not Amenable To Demurrer, And Not Precluded By Compliance With FDA Regulations
The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a class-action lawsuit against Gerber Products Company...
- Mondaq Business Briefing
- United States Law Articles in English
- Adams v. The State., 231 Ga. App. 279, 499 S.E.2d 105 (1998)
Judgment on defendant\'s demurrer to the indictment affirmed in part and reversed in part. Judgment of conviction reversed and case remanded for new trial. Birdsong, P. J., and Eldridge, J., concur.
- Georgia Court Of Appeals
- Ag Counters Challenge
The state Attorney General's Office is calling a legal argument to dismiss criminal charges alleging that San Bernardino County Supervisor Neil Derry laundered a campaign contribution "meritless" and misinformed. During an arraignment on June 9, Derry's attorney, George Newhouse, filed a demurrer with the court challenging the sufficiency of the charges against Derry. Judge Michael Dest continued the arraignment until today to review the demurrer and make a decision.
- Inland Valley Daily Bulletin
- June 23, 2011
- Ag Wants Derry Charges Dropped
The state Attorney General's Office is calling a legal argument to dismiss criminal charges against San Bernardino County Supervisor Neil Derry for allegedly laundering a campaign contribution as "meritless" and misinformed. During a scheduled arraignment on June 9, Derry's attorney, George Newhouse, filed a demurrer with the court challenging the sufficiency of the charges against Derry. Judge Michael Dest continued the arraignment until Thursday to review the demurrer and make a decision.
- The Sun (San Bernardino, CA)
- June 22, 2011
- California Unfair Competition Claims Not Amenable To Demurrer, And Not Precluded By Compliance With FDA Regulations.
The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a class-action lawsuit against Gerber Products Company (Gerber) for...
- Mondaq Business Briefing
- Nbr. 2008, March 2008
- Rambus Announces Developments in Patent and Antitrust Cases; Judge in Rambus Antitrust Case Rejects Defendants' Demurrer, Case to Proceed to Discovery; Micron and Hynix Patent Cases Also Move Forward.
LOS ALTOS, Calif. -- Rambus Inc. (Nasdaq:RMBS) today announced developments last week in three separate litigation matters. First, in an antitrust c...
- Business Wire
- April 25, 2005