Sentences with phrase «as summary judgment»

Apotex intends to argue this technical issue as a summary judgment motion.

Most rescission cases, at least in Ontario, appear to be framed as summary judgment motions in the context of an action.

Common types of interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted.

Case en pointe, Fox notes that in this case of Harvill v. Westward, «winning that point was not sufficient to win the case however, as summary judgment was affirmed on other points.»

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;

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

In stating in summary fashion the Christian conception of the Kingdom of God we are not pretending that we can see perfectly what this means, nor are we saying that we can arrive at a formal principle which can act as a rule by which all Christian value judgments can be simply made.

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.»

«The state Supreme Court had already granted our request for summary judgment determining that Trump and his University are liable for operating illegally in New York as an unlicensed educational institution.»

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.

Hence, he also wrote, «On this summary judgment record, HISD teachers have no meaningful way to ensure correct calculation of their EVAAS scores, and as a result are unfairly subject to mistaken deprivation of constitutionally protected property interests in their jobs.»

If Ellora's Cave intends to keep up with the suit — responding to discovery, filing for protective motions, writing responsive briefs in reply to motions for summary judgment — it's almost certainly going to have to spend as much as Jane.

Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law.

In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first.

On reflection, all of the student judgments — at least as reflected by Judith's summary posted here — were very qualitative.

Defendants had appealed this Court's decision denying summary judgment as to the Government's claim for disgorgement under 18 U.S.C. 1964 (a).

Dr. Curry quotes Feynman: «If you make a theory, for example, and advertise it, or put it out, then you must also put down all the facts that disagree with it, as well as those that agree with it... In summary, the idea is to try to give all of the information to help others to judge the value of your contribution; not just the information that leads to judgment in one particular direction or another.»

«n summary, the observed recent warming hiatus, defined as the reduction in GMST trend during 1998 — 2012 as compared to the trend during 1951 — 2012, is attributable in roughly equal measure to a cooling contribution from internal variability and a reduced trend in external forcing (expert judgment, medium confidence).

As to when summary judgment is appropriate, see: Hryniak v. Mauldin, 2014 SCC 7; and, MacDonald v. Chicago Title Insurance Company of Canada, 2014 ONSC 7457, which deal with Rule 20 of the Ontario Rules of Civil Procedure.

And Jones Day's selection of trademark as the subject matter of its strike suit is no surprise, because the biannual AIPLA economic survey has consistently shown that trademark cases typically cost hundreds of thousands of dollars just to reach the summary judgment stage.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

In addition to the time - related analytics it already had — such as time to dismissal, trial and termination — this new release adds time to permanent injunction and summary judgment.

As a result, the Freeman dismissal was reversed because it applied the wrong legal standard in entering the summary judgment.

Researchers might conduct correlational studies of existing cases, as Long and Christenson did in their study of readability and success on appeal241 or as Moss did in his mixed - methods study of employment discrimination summary judgment motions.242 Or they might conduct an experiment asking participants to simulated cases, as in the proposed modification of Chestek's study of preferences for narrative elements in briefs.243 Alternatively, researchers could conduct qualitative studies of decision - makers believe that legal writing influences their decisions.

Any repayment, under the funding agreement is contingent upon the direction and time frame of the Plaintiffs» personal injury litigation, which may be resolved through a myriad of possible outcomes, such as settlement, dismissal, summary judgment, or trial.»

However, they did reverse the summary judgment against FedEx, finding that there is still a genuine issue as to whether a duty was breached.

Elizabeth Hernandez will be on an Aging Population panel speaking on «Working with Pre-Existing Conditions» as well as moderating a panel on «Law & Motion and Summary Judgments.»

The Chamber joined with a coalition of business groups to file a reply brief in support of its cross-motion for summary judgment in these two cases concerning the listing of the northern long - eared bat as a threatened species under the Endangered Species Act.

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.

That doesn't mean plaintiff will necessarily win, but summary judgment (which is decided by a judge as a matter of law) is inappropriate for a case where there are unresolved matters of genuine material fact (which are to be decided by a jury).

To prevail on summary judgment, the defendant is required to demonstrate that no genuine issue of material fact exists and the undisputed facts, when viewed in a light most favorable to the plaintiff, require judgment for the defendant as a matter of law.

He has a record of achieving success on clients» behalf, such as working with a team to obtain summary judgment in favor of a national actuarial firm which had faced allegations of malpractice.

Both Freeman and the Harbor Schools filed motions for summary judgment, arguing that the three year statute of limitations on all claims had expired, as the claims accrued in the spring or summer of 1993 or at the latest in November 1993.

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».

Summary: The appellant appealed to a judgment of the Svea Court of Appeal, alleging that a Swedish arbitral award was invalid, as it resolved non-arbitrable issues breaching Swedish and Russian...

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

Specifically, the court noted that the party seeking summary judgment «bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.»

Since summary judgment is only appropriate when the moving party is entitled to judgment as a matter of law, when a court is presented with conflicting or contradictory theories, summary judgment is not appropriate, and the case should be presented to a jury for resolution of the contested facts.

As such, since the MPLA claims failed to withstand summary judgment, the «redundant» negligence claims failed as welAs such, since the MPLA claims failed to withstand summary judgment, the «redundant» negligence claims failed as welas well.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal («ONCA») overturned the motion for summary judgment and confirmed that the purchaser of a business» assets (as opposed to a business» shares) can choose to... Continue Reading

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

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.

[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty as to whether it is appropriate for a motion judge to use the new powers conferred by the amended Rule 20 to decide an action on the basis of the evidence presented on a motion for summary judgment.

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.

Alleged infringers increase their trial success rates slightly as plaintiffs, but have not seen the same increased success in summary judgments.

Judge Reiss granted the defendants» motion for summary judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»

U.S. District Court Judge Robert Sweet issued a summary judgment ruling (pdf) that Myriad Genetics» patents on the BRCA1 and BRCA2 genes were invalid, as were the patents on Myriad's tests using those genes.