When amending a complaint when a Rule 12(b)6 motion is pending, does the 21 day timing count if there is a court order to amend?
Tyson's answer
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Answered on October 21, 2011
Jannik is correct. The 21-day timing comes from Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure:
A party may amend its pleading once as...
Can a Defendant that has been removed from a complaint through an amended complaint object to being removed?
Tyson's answer
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Answered on October 19, 2011
Under Rule 15(a)(1)(B) of the federal rules of civil procedure,
A party may amend its pleading once as a matter of course within:
. . ....
If Plaintiff objects to my motion and attaches documents to their opposing answer, can I strike the documents as inadmissible?
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Answered on October 18, 2011
Based on the information provided, yes, you can move to strike the attached evidence. In evaluating your motion to dismiss, the court is bound by...
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Archived
Law regarding breaks at work...for AZ
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Answered on October 18, 2011
Arizona does not have laws that specifically address breaks. Consequently, federal law applies. Under federal law, employers are not required to...
Archived
Writing a book, can i use government studies without permission?
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Answered on October 18, 2011
I agree with the other answers but think it is important to point out the difference between U.S. Government Works and works by state or local...
My website contains a copyrighted image and i was sent a legal notice .
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Answered on February 08, 2011
As noted by Pamela, this situation raises several issues. WIth the disclaimer out of the way (I'm not you're lawyer and I'm not here to give you...
Archived
Using a college or university's emblem on retail products
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Answered on August 31, 2010
Almost all emblems and logos for NCAA colleges and universities are licensed through the CLC (Collegiate Licensing Company), which is a division of...
Archived
Photography and Copyright Infringement
Tyson's answer
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Answered on July 12, 2010
Depending on the nature of the infringement and the nature of the settlement, yes, you can sue multiple infringers. Each instance of infringement...
Archived
Can I get a copies of my personnel files from Human Resource after employment?
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Answered on June 29, 2010
Generally speaking, employers "own" personnel files. Some states have passed laws allowing employees to have complete or partial access to their...
Archived
Is it okay to keep my competitors whole website on my files, and declare that I am doing so for legal reasons?
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Answered on June 29, 2010
While Pamela makes a good point, I think it is both appropriate and judicious to preserve any potential evidence that may be relevant to the issues...
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