What is a Motion?
A motion is, “The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968). It court, it is a formal request made to a judge to issue a ruling or take some action.
A motion can be requested by any party in court, and the judge may either grant or deny the request. Motions are always made with the intention of it benefiting the moving party, or movant. An example of a motion is a party requesting a case to be dismissed for a specific legal reason. They may also motion for a new trial if there are significant errors or issues in an original trial. All motions must be made after the initial complaint has been filed in a legal proceeding.
Motions can be either written or spoken. Regardless of which, the opposing party to the movant will usually have a chance to be heard by the judge regarding whether the motion should be approved or not. Motions for dismissal or new trial are only two of a wide range of possible motions. Even if a trial is not retried or dismissed, a judge’s ruling on a motion can greatly impact the outcome of a case, such as whether certain evidence is excluded or if it is allowed in court.
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Judge says Monsanto cancer case can move forward
Earlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.
This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.
Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer. […]
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Stroudsburg Brain Injury Lawyer
If you received a traumatic brain injury as a result of an accident in Stroudsburg, you deserve compensation.
At Munley Law Personal Injury Attorneys, we provide full-service legal representation for individuals and families coping with the effects of traumatic brain injuries throughout Monroe County. Our Stroudsburg brain injury attorneys have decades of experience helping accident victims secure just compensation for TBI.
We also work closely with medical experts who specialize in traumatic brain injuries. From helping you get the treatment you need to getting you the compensation you deserve, we are here for you every step of the way on your road to recovery.
How Can Our Stroudsburg Brain Injury Lawyers Help You?
Traumatic brain injuries (TBI) are more common than most people realize, and researchers are continuing to learn about the long-term effects of trauma impacting the brain. […]
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Amusement park accidents occur every day causing personal injury and even death
Roller coasters and other amusement park rides are traditionally associated with summertime family fun. Each year, the nation’s 400 amusement parks have 300 million visitors, according to the International Association of Amusement Parks and Attractions (IAAPA). Although injury and death from amusement park rides are rare, thousands of injuries do occur each year, and there are also many deaths.
Just this month, CNN reported that four people were injured on the Ninja roller coaster ride at Six Flags Magic Mountain in Los Angeles. The front part of the roller coaster detached from the track and dangled at a 45-degree angle, pointing to the ground. The derailment happened after a tree branch fell onto the track. The derailment is the latest in a series of roller coaster accidents in recent years.
A fatal roller coaster accident occurred in Spain’s Terra Mitica amusement park earlier this month when an 18-year old boy from Iceland riding the Inferno roller coaster died after his seat harness failed and he was thrown from the ride. […]
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Teens and Distracted Driving Could Require a Pennsylvania Injury Lawyer
As an experienced injury lawyer at Munley Law Personal Injury Attorneys of Scranton, Pennsylvania, Marion Munley has seen many teens start out as careful, cautious drivers, but it only takes a few months behind the wheel before teens feel over-confident in their driving skills and get involved in a car accident. Dialing cell phones, texting, eating, and talking to passengers are all examples of things that teens may do while driving. Multitasking distracts teens and all drivers from the road, a skill that still requires their full attention.
This topic was recently published in the Jan. 2 issue of the New England Journal of Medicine from a study conducted by the Virginia Tech Transportation Institute and the National Institutes of Child Health and Human Development. The data reveals that, compared to experienced drivers, new drivers engaged in secondary tasks less frequently during the first six months. […]
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Ohio Oral Surgeon Faces Second Lawsuit
The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.
According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.
The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010. The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September. […]
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