Sentences with phrase «if on a motion for summary judgment»

If on a motion for summary judgment, a judge can not dispose of the issues without a trial, it follows that a motion judge would be equally unable to determine, without the benefit of a trial, the issues to be decided on a SLAPP motion.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

The appellate court was tasked with determining if the trial court was proper to grant the defendant's motion for summary judgment based on the plaintiff's failure to establish that the defendant was negligent.

In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»

To generate predicted probabilities, we held all variables at their means (or modal values if dichotomous) aside from the difference in readability score variable, which we varied from -4 to 4 based on the spectrum of our data.102 The results for the predicted probability that a moving party prevails on a motion for summary judgment based on a given readability score are presented in Figure 1 below.103

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.