Sentences with phrase «rosinski granted summary judgment»

Ebert argued the earlier agreements were invalid because they amounted to restraint of trade but Superior Court Justice Frederick Myers granted summary judgment in favour of Mars Canada in November 2016.

«Without live primary claims, the Court also grants summary judgment on Sulyma's derivative duty to monitor and co-fiduciary liability claims (claims V and VI).»

Strine granted summary judgment to M&F Worldwide, finding that the board did not breach its duty to shareholders when it approved a $ 25 per share offer by MFW's controlling shareholder, MacAndrews & Forbes (which, in turn, is wholly owned by Ron Perelman).

For instance, the judge granted summary judgment against the NCAA on its argument that scholarship rules «improve [e] the quality of the collegiate experience for student - athletes, other students, and alumni by maintaining the unique heritage and traditions of college athletics and preserving amateurism as a foundational principle, thereby distinguishing amateur college athletics from professional sports, allowing the former to exist as a distinct form of athletic rivalry and as an essential component of a comprehensive college education.»

Judge Wilken would have only granted summary judgment if the NCAA had satisfied a high threshold.

A state judge said she won't grant summary judgment to New York State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald Trump.

The District Court granted summary judgment to the school district, finding that state law did not bar the district's use of the racial tiebreaker and that the plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest.

Judges rarely grant summary judgments, and Palm Beach Puppies» lawyers believed they had strong arguments to back their claims.

What if I knew he typically does not grant summary judgment motions?»

The lower court granted the summary judgment motion.

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

The firm is pleased to announce that on Monday, July 6, 2015, a final decision granting summary judgment in Bode...

Ms. Deluhery persuaded the court to overturn summary judgment for a law firm and grant summary judgment to her client which had sued for legal malpractice.

The Court of Appeal held that Warkentin, J., in granting summary judgment to the second lawyer, erred in failing to consider whether he had owed the plaintiffs a duty to advise them about the limitation period for suing the first lawyer, even though the written retainer between the plaintiffs and the second lawyer was restricted to an assessment of the first lawyer's account.

The Court granted summary judgment for the Defendants as to all Counts of Plaintiff's Complaint.

The Defendant argued that granting summary judgment on negligence alone, rather than liability, violated 735 ILCS 5/2-1005 (c).

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

In an order [PDF] filed on October 4, 2012, Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania granted summary judgment dismissing Linda Eagle's claims that she had been damaged by her former employer's theft of her LinkedIn account.

In doing so, he said he felt comfortable falling in line with one judicial line of thought that says judges can make findings of fact in order to grant summary judgment.

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

The district court granted summary judgment for the defendants, holding that the memorial crosses did not violate the federal or state constitution.

On Wednesday, the FDA campaign may have died out altogether, as U.S. District Judge Richard Leon granted summary judgment in favor of five tobacco companies who objected that the proposed warnings would violate their free speech rights, cost millions of dollars to print and require them to feature anti-smoking advocacy more prominently than their own brands.

Finding that Veoh qualifies for protection under the safe harbor provision of the Digital Millennium Copyright Act, U.S. District Judge A. Howard Matz granted summary judgment dismissing Universal's suit.

The district court granted summary judgment in Bryant's favor on the assault and battery claims.

The appellate court reasoned that a lower court couldn't grant summary judgment on a basis not presented in the motion.

In Debra's last case, her judge tried to pull a fast one and granted summary judgment to the company suing her.

The matter was appealed to the Wisconsin Supreme Court, which deadlocked on whether to grant summary judgment.

Thus, the trial court granted summary judgment in favor of the plaintiff.

The moving defendants disputed this theory of liability on the basis that there was no causal connection that the light bulb caused the fire, and asked the Court to grant summary judgment in their favour.

By granting summary judgment after denying a request to exclude, the lower court determined the expert testimony didn't constitute evidence.

The trial court agreed and granted summary judgment in favor of the water company.

District Court amended its original claim construction order based on the PTAB's ruling and granted summary judgment of non-infringement in favor of Ford on the ground that the express disclaimer prevented the patent - in - suit from covering Ford's vehicles.

After examining the evidence, a state court granted summary judgment in favor of the restaurant.

Ultimately, the trial court granted summary judgment in favor of the Bank because there was no evidence that Diaz ever provided medical clearance from a doctor that would allow her to return to work.

Justice Richard F. Braun, in a decision issued from the bench, agreed with Con Edison's arguments and granted summary judgment.

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

Mid-Ohio Emergency Physicians, LLP v. Trinity Hospital Twin City, et al., Tuscarawas C.P. No. 2013 CV 12 0868: Granted summary judgment on post-petition bankruptcy contract litigation.

The District Court granted summary judgment for 2 Live Crew, holding that its song was a parody that made fair use of the original song.

U.S. District Court Judge Richard Sullivan has granted summary judgment in favor of Capitol Records in its infringement suit against online digital music reseller ReDigi, which bills itself as «The World's First Pre-Owned Digital Marketplace.»

The trial court ultimately granted summary judgment in Defendants» favor as to all claims resulting in a complete defense for the clients.

However, the court granted summary judgment based on the court's own determination that public policy considerations prevented the defendant from being held liable in this situation.

The appellate court was tasked with determining if the lower court's decision to grant summary judgment in favor of the defendant was proper.

The High Court (Burnley District Registry) has granted summary judgment on claims brought against NHS East Lancashire under the Public Contracts Regulations 2006, judging them to have been brought out of time.

The court granted summary judgment on FDCPA liability to the plaintiff.

Point of Law pointed me to the Abnormal Use blog's writeup of a decision granting summary judgment to Sonic restaurants in a hot coffee case out of Louisiana.

On Sept. 23, 2010, U.S. District Judge Marcia S. Krieger, however, granted summary judgment in favor of Nintendo in the case (Elvig, et al. v. Nintendo of America, Inc.).

(April 5, 2012), the 2nd Circuit confirmed that the § 512 (c) safe harbour requires knowledge or awareness of specific infringing activity but vacated the order granting summary judgment because they were of the view that a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.

The trial judge ruled that Coote's expert was inadequate and granted summary judgment in favor of Dr. Miller and Midwest Orthopaedics Consultants.

The district courts granted summary judgment to the debtors, and the cases were consolidated for the appeal by the debt collector.

Plaintiff was granted summary judgment on secondary meaning and copyright infringement.