Word: motioned
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Public Records. Practice, Civil, Motion to dismiss. Statute, Construction. State Police. Administrative Law, Agency, Regulations. Police, Special police officer. Words, "Public...
...case was heard by Nancy Staffier, J., on a motion to dismiss...
Harvard filed a motion to dismiss the Crimson's complaint pursuant to Mass. R. Civ. P. 12(b)(6), 365 Mass. 754 (1974), on the ground that, as a private educational institution, Harvard was not one of the instrumentalities of State or local government whose records were "public" within the meaning of G.L. c. 4, § 7, Twenty-sixth. A judge in the Superior Court agreed and granted Harvard's motion to dismiss, concluding that the mere fact that HUPD officers were authorized to perform certain functions by State and local police departments did not make them officers or employees...
...resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiff's claim is legally insufficient. See General Motors Acceptance Corp. v. Abington Cas. Ins. Co., 413 Mass. 583, 584 (1992); Fabrizio v. Quincy, 9 Mass.App.Ct. 733, 734 (1980). In evaluating the allowance of a motion to dismiss, we are guided by the familiar principle that a complaint is sufficient "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [its] claim which would entitle [it] to relief." Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley...
...animation style, which looks sort of like “Shrek” with the effects budget of a tire dealership commercial. “Physics” and “realistic lip movements” have no place in Red’s forest, none of the motion is smooth, and every possible corner is cut: when characters aren’t talking, they often just freeze in place until their next line. The most ridiculous example of animator negligence, actually, is a perfect metaphor for the film itself. In one scene, Red falls out of a chairlift...