georgia motion to open default

2029 results for georgia motion to open default

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  • 862 F.3d 749 (9th Cir. 2017), 11-99008, Visciotti v. Martel

    ... cause to excuse a procedural default. The panel concluded. that counsel's ... it had been forced open," as the door molding and. latching had ...The. court granted the motion, holding " that the evidence. introduced by ... L.Ed.2d 629 (1984), and Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 ...

  • Caradigm USA LLC v. PruittHealth, Inc., 071020 FED11, 19-11648

    ... District of Georgia D.C. Docket No. 1:15-cv-02504-SCJ. . . ... dueling summary judgment motions. The district court decided. that Pruitt ... clearly appears to be the default (i.e.,. "normal") legal rule. . . ... alternative course it left open for Pruitt-constituted an. abuse of ...

  • The Second Amendment in historiographical crisis: why the Supreme Court must reevaluate the embarrassing 'standard model' moving forward.

    ...Its offices, open to all, are the incentives of honorable ambition, ... is the continued reliance on a 1770 Georgia law as evidence that the Second Amendment ensures ... AMENDMENT FOUNDATION, http://www.saf.org/default.asp?p=saf_faq (last visited Nov. 29, 2012); ... e.g., Memorandum in Support of Plaintiffs' Motion for Preliminary and/or Permanent Injunction at 5, ...

  • 416 U.S. 600 (1974), 72-6160, Mitchell v. W. T. Grant Co.

    ... for a hearing, and denied petitioner's motion to dissolve the writ on the asserted ground, ... subject to defeasance in the event of default in paying the installments due from him. His ... case into court, is a familiar method in Georgia, and is open to no objection. .          ...

  • WEALTH, EQUAL PROTECTION, AND DUE PROCESS.

    ...Georgia. (3) In Bearden, in an opinion by Justice Sandra ...(156) Moreover, the Court noted that it opened no floodgates by applying this approach to "cases ... the due process claim was the subject of a motion to dismiss, and the judge dismissed it, reasoning ... Law, Dual Rules of law, & Dialogic Default, 35 FORDHAM URB. L.J. 629, 629 (2008); see also ...

  • 167 F.3d 933 (5th Cir. 1999), 97-60814, Rogers v. Hartford Life and Acc. Ins. Co.

    ... the district court's denial of their motions to set aside the default judgment entered against ... in Hartford's claims office in Atlanta, Georgia, that she had received the suit papers. Coleman ...Among the statutory alternatives open to [the plaintiff] was that of serving by mail a ...

  • 781 F.2d 1458 (11th Cir. 1986), 82-8408, Spencer v. Kemp

    ... v. . Ralph KEMP, Warden, Georgia Diagnostic & Classification . Center, ... subsequently filed a timely Rule 59 motion to alter or amend the judgment, alleging newly ... and therefore barred by procedural default, we must decide on this appeal only whether he ... judge drawing names from the jury box, in open court. 9 O.C.G.A. . . Secs. 15-12-42, ...

  • 527 U.S. 373 (1999), 97-9361, Jones v. United States

    ...It would have been an open invitation for the jury to avoid its ...While an objection in a directed verdict motion before the jury retires can preserve a claim of ...Georgia, 428 U.S. 153, 190 (1976) (joint opinion of ... not obliged to tell the jury that Jones's default penalty was life without possibility of release ...

  • 897 F.3d 75 (2nd Cir. 2018), 17-950-cv, Cohen v. Rosicki, Rosicki & Associates, P.C

    ... Office of Shimshon Wexler, PC, Decatur, Georgia, on. the brief ), for Plaintiff-Appellant. ... Judge ) granted the defendants’ motions to dismiss. We conclude that the district ... Cohen has been in default on this mortgage since 2009. On. June 1, ... notices can be deceptive if they are open to. more than one reasonable ...

  • Grange Mutual Casualty Co. v. Slaughter, 050120 FED11, 18-13555

    ... Northern District of Georgia" No. 1:16-cv-03058-SCJ. . .     \xC2"... T&G exclusive use rights in their motion for. reconsideration, the district court ...default, the cause theory to. determine the number ...Leaving the. term open is not uncommon in Georgia. In fact, standard. ...

  • Pleading Poverty in Federal Court.

    ...district courts. . In forma pauperis motions do not equip federal judges with the tools to ...) who should pay for the federal courts is an open question. One could imagine a pay-per-use system, ... Both AO 239/240 Middle District of Georgia AO 239 Northern District of Georgia AO 239 ...,4 (2017), https://www.uscourts.gov/sites/default/files/data_tables/jff_4.4_0930.2017.pdf ...

  • Navigating the health insurance exchanges: will state regulations guide consumers or chart them off-course?

    ...For example, Georgia Insurance Commissioner Ralph Hudgens has said ...(211) At the end of the open enrollment period in 2014, 152,335 Missourians ...(263) . Judge Todd Campbell granted the motion for a temporary restraining order. (264) The ...), http://enrarchives.sos.mo.gov/EnrNet/Default.aspx (accessed by searching for all results from ...

  • Creditors' use of consumer debt criminalization practices and their financial abuse of women.

    ...(29) After she defaulted, Buddy's sent her a certified letter demanding ..., claiming to work at a law firm in Georgia, (83) told Ms. Jacobi that she had an outstanding ...(219) When Ms. Haase cracked open her door, standing in front of her were two of ...Ky. July 30, 2015) (granting borrowers' motion to file an amended complaint against payday ...

  • 870 F.3d 1033 (9th Cir. 2017), 14-99002, Atwood v. Ryan

    The Ninth Circuit affirmed the district court's denial of habeas relief in petitioner's death penalty case where he was convicted of kidnapping and first degree murder. The panel rejected petitioner's argument that the Arizona Supreme Court's adjudication of his Eighth Amendment claim was contrary to or an unreasonable application of clearly established federal law as determined by the Supreme...

    ... procedural default of a claim of ineffective assistance of. ...Atwood. submitted a motion for rehearing, this time including an. ...at 38. Under Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346. ... the absence of dirt imbedded in the openings of the bones and. skull. . . ...

  • 901 F.3d 565 (5th Cir. 2018), 17-30834, Miraglia v. Board of Supervisors of Louisiana State Museum

    ... open, the entrance was potentially too narrow and, ... over [the] matter should [the Museum] default on the. representations made in open court ... on whether the defendant filed a pretrial motion. challenging the evidence to support a ... damages. United States v. Georgia, 546 U.S. 151,. 154, 126 S.Ct. 877, 163 ...

  • Arbitral Autonomy

    This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement of arbitral awards. As a method of dispute resolution, arbitration offers an alternative to litigation. Yet arbitration is frequently interspersed with litigation. As a true alternative, arbitration can and should be autonomous, that is,...

  • Part two: case summaries by major topic.

    ...." The district court denied the inmate's motions for recruitment of counsel during the pleading ...SUPERVISION . Keith v. DeKalb County, Georgia, 749 F.3d 1034 (11th Cir. 2014). The ... his desired program, when waiting lists were open to "all others," sufficiently stated that the ... alleging retaliation, and for entry of default. The district court granted the motions in part ...

  • 921 F.2d 1465 (11th Cir. 1991), 89-8334, Pelletier v. Zweifel

    ... Court for the Northern District of Georgia.         Before TJOFLAT, Chief Judge, ... some of them by granting Zweifel's motion to dismiss for failure to state a claim for ... Travel's] corporate lenders place [it] in default." Pelletier thought that this might cause ... into this transaction with his eyes wide open: he took a chance that did not pay off. He ...

  • The Appellate Corner, 0319 ALBJ, 80 The Alabama Lawyer 150 (2019)

    ... lacked jurisdiction to rule on a Rule 59 motion filed. 31 days following entry of judgment ... committed "willful default or contumacious. conduct.". . . ... sued HBS under the Lanham Act and Georgia law, claiming that. the label of a ... relief, because the fact that it might open a clinic in the. future, without any ...

  • Rethinking Credit as Social Provision.

    ... consumers with a difficult decision: defaulting on the loan or repeated borrowing." (80) . ...(92) She had opened the account with Bank of America in 2005, and ... of economic and social well-being set in motion by FHA policymakers. The FHA's de jure and de ... into poverty, according to a study of 207 Georgia welfare families funded by the Ford Foundation ...

  • 771 F.3d 785 (11th Cir. 2014), 13-11909, Lucas v. Warden, Georgia Diagnostic & Classification Prison

    ... found the claim to be procedurally defaulted because the petitioner could not establish ...On Lucas's motion, we expanded the COA to include the claims ... mitigation bag that arguably could have opened the door to damaging evidence and " would likely ...

  • Mere negligence or abandonment? Evaluating claims of attorney misconduct after Maples v. Thomas.

    ...-BASED MODELS IN THE LAW OF PROCEDURAL DEFAULT A. Two Frameworks for Analyzing Attorney ... in on Kerr's behalf to file an emergency motion with the Texas Court of Criminal Appeals (CCA). ...It remains an open question which case, Martinez or Maples, will ...Georgia, in which the Court held that imposition of the ...

  • A nullity or not? The status of a default judgment entered absent compliance with CPLR 3215(f).

    ... judgment was entered when preparing its motion to vacate the judgment. . In the Second ... to the Third Department's decision in Georgia Pacific Corp. v. Bailey. (60) In Georgia Pacific, ... has not yet answered the question it left open in Woodson. Yet, the Court's discussion of CPLR ...

  • 595 F.2d 1247 (2nd Cir. 1979), 453, United States v. Ochs

    ... given by Bielefeld and observed that an open knife on the front seat between Ochs and Liveo. ... profession that led to her falling into default, the consequent threats, and her return to Studio ... of the trial court's denial of his motion to sever the tax counts under F.R.Cr.P. 14. 11 ...Georgia, 394 U.S. 557, 569-72, 89 S.Ct. 1243, 22 L.Ed.2d ...

  • The privacy policymaking of state attorneys general.

    ...I filed open sunshine requests with AG offices around the ... cookies on Safari users' browsers whose default settings signaled that they should not be ...30, 2015) (Georgia) (on file with author); FOIA Response Email from ...-Packard, Microsoft, and Research in Motion were the initial signatories; Facebook signed on ...