According to the officer, the power to dismiss
Rathi actually lies with the Delhi government.
Instead, motions to dismiss
for lack of jurisdiction should be filed.
In a statement, District Attorney Steve Cooley's office said prosecutors were considering whether to appeal Jones' decision to dismiss
charges against six of the seven co-defendants.
On February 26, 1999, the Board filed a motion to dismiss
The decision made clear that in the absence of allegations that a defendant had some measure of control over, or direction of, the enterprise, courts must dismiss
the plaintiff's RICO claims.
While the contracts of sale barred any claim against the broker for the representations made, the fact that the brokers' representations were factually true made it easier for the Court to dismiss
the purchasers complaint.
In some instances, the lower courts would dismiss
these cases because the owner was not negligent, while in other cases the courts ruled that even if the owner was negligent, the plaintiff could not connect the negligence to the assault.
When prosecutors filed the case a third time, Hanson's attorney, Michael Flanagan, moved to dismiss
the charges on the grounds that it was a third filing and no excusable neglect was involved, but Rogers ruled otherwise, Portillo said.
On April 26, 2000, the court granted the Board's motion to dismiss
or for summary judgment.
In response, Masry said the developers should file a motion to dismiss
the suit if they feel it has no merit.