12. Allege that they are without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 12 of the Complaint, and state that the second sentence of paragraph 12 of the Complaint contains legal argument inappropriate for a complaint and as to which ...
One limitation is the well-pleaded complaint rule. The Supreme Court has stated that federal-question jurisdiction must be established by the plaintiff's claims themselves, and jurisdiction cannot be established by defenses (or anticipated defenses) that a defendant might raise in answer to the ...
Neither the Tribes' answer to this counterclaim nor the United States' supplemental complaint expanded on these issues. Further, the parties' Joint Status Report includes an agreement that discovery in this phase of the litigation would be limited to the issues raised in the parties' respective ...
The district court may consider a purely legal question that does not challenge the Attorney General's discretionary authority, even if the answer to that legal question — a description of the relevant law — forms the backdrop against which the Attorney General later will exercise discretionary ...
14 Q. Before looking at this complaint had you ever 15 seen Mr. signature? 16 A. No, sir. 17 Q. Did you see him sign this note? 18 A. No, sir. 19 Q. Do you know how many copies of the note exist? 20 A. No. That's not a question I can really 21 answer. Several ...
But enough said about retaining a lawyer within the short period of time a homeowner has to answer the complaint (20 days from the date of personal service - or longer in some other instances). Call attention to your lawyer if you were sued previously on the same note by any bank or ...
District Court for the Eastern District of California ruled that the defendants' motion to dismiss should be denied and that they should file an answer concerning the dismissal of an American employee. In Mark S. Allen v. Mattie Mayhew, et al., Berry Creek Rancheria of Tyme Maidu Indians,...
2000) (upholding a judgment where the jury determined equitable relief in the form of back pay and front pay on an Americans with Disabilities Act claim when the defendant's answer demanded a jury trial as to all issues, the plaintiff did not object, and the case proceeded to jury trial)...
January that his prior counsel had still failed to file an answer to the complaint.3In support of his statement that Aakash had not hindered or delayed Anilina, Mr. Shah tendered copies of telexes Aakash had sent to Anilina in January and February which looked for a resolution of the ...
getting to an ultimate decision." Plaintiff's counsel then noted that the jury had not answered the battery question. The court responded, "Didn't I say, in the instructions, if there is a decision with respect to negligence, you cannot have battery. But they still have to answer it; ...