Podcast Episode Details
Back to Podcast Episodes
How We Got Here: The Back And Forth Battle Between Universal And Tyrone Blackburn
A memorandum of law in support of a motion to dismiss a complaint is a legal document prepared by an attorney that outlines the legal arguments and authorities supporting the dismissal of a lawsuit.When a defendant files a motion to dismiss a complaint, they are essentially asking the court to throw out the case against them. The memorandum of law serves to explain to the court why the complaint should be dismissed based on legal principles, statutes, regulations, and relevant case law.Typically, a memorandum of law in support of a motion to dismiss will:
- Outline the Legal Standard: It will begin by stating the legal standard for dismissing a complaint in the jurisdiction where the case is being heard. This often involves citing relevant rules of civil procedure or case law.
- Present Legal Arguments: The memorandum will then present the specific legal arguments as to why the complaint fails to state a valid claim for relief. This might include arguments that the complaint lacks legal merit, fails to establish jurisdiction, or is barred by a statute of limitations.
- Cite Case Law and Precedent: The attorney will cite relevant case law and legal precedent to support their arguments. They may show how similar cases were dismissed by courts in the past under similar circumstances.
- Address Counterarguments: If there are potential counterarguments that the opposing party might raise, the memorandum may also address these and explain why they do not undermine the motion to dismiss.
- Conclusion: Finally, the memorandum will conclude by summarizing the key points and reiterating why the court should grant the motion to dismiss.
A reply to a motion to dismiss a complaint is a legal document filed by the plaintiff (the party who filed the complaint) in response to the defendant's motion to dismiss. In this document, the plaintiff addresses the arguments made by the defendant in their motion to dismiss and presents counterarguments or additional evidence to support the validity of their complaint. The reply typically highlights legal authorities, precedents, and factual assertions to persuade the court to deny the defendant's motion to dismiss and allow the case to proceed. It's crucial for the plaintiff's reply to be well-researched, articulate, and legally sound to effectively counter the defendant's arguments.
In this episode we hear from Tyrone Blackburn who is responding to the UMG corporate defendants motion to dismiss the claim filed against them and Diddy.
to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.616406.30.0.pdf (courtlistener.com)
Universal Music Group has responded to the many allegations of complicity and enabling of Diddy and his alleged crimes and to say that they deny the accusations is putting it lightly.
According to UMG, there is no basis in fact to the allegations and they say that they can prove that in court, but considering that there is no evidence to support the allegations, they say that the case should be dismissed via summary judgement.
In this episode, we take a look at their response and breakdown where things might go from here.
(commercial at 7:34)
to contact me:
bobbycapucci@protonmail.com
source:
Diddy probe: Record label fires back after music producer accuses him of assault | Fox News
Published on 1 month, 3 weeks ago