Sentences with phrase «at the summary judgment»

In many instances, federal judges will dispose of federal employment cases at the summary judgment phase — and there's often not much relief on appeal.

It would be erroneous to assume that Hyrniak necessarily will foster a flood gates of decisions at the summary judgment level.

[Expert evidence was required on causation in a legal malpractice case at summary judgment proceeding.]

At a summary judgment hearing last week (see this report by the IDG News Service), Judge Koh already scheduled a preliminary injunction hearing for Friday, June 29.

At the summary judgment motion, the judge found that the legality of the present use of the residential apartments was a valid objection and the vendor did not establish that the residential apartments were a legal non-conforming use.

In some circumstances, such as «where it was evident that the record would be complex or voluminous,» a failure to seek directions may result in substantial indemnity costs at summary judgment.

Noting the «full trial has become largely illusory» and Combined Air sets the summary judgment bar «too high,» Hryniak instead emphasizes the powers to weigh evidence, evaluate credibility, and draw reasonable inferences at summary judgment are «presumptively» available to the motion judge.

This will sometimes include expert evidence on complex matters, even at summary judgment applications.

In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks» pay ($ 56,000.00), overturning the ruling of the Motion Judge at summary judgment.

At the summary judgment hearing the Master found in Mr Ellis's favour, stating that the circumstances of execution of the will and Mr Ellis's record of the deceased's instructions created a strong presumption in favour of the will and that the appellants» submissions had not created sufficient suspicion as to validity to rebut the presumption.

Harvard has argued that, if the case is decided at the summary judgment stage, the only evidence that should be disclosed is that needed to make a decision.

He trained law students from Florida A&M University and other volunteer attorneys in housing counseling and foreclosure litigation; served as a liaison between Community Legal Services of Mid-Florida and the FAMU College of Law; attended Alex Sink Foreclosure Workshops throughout the CLSMF service area, coordinated efforts with other nonprofits; volunteered at foreclosure legal advice clinics where clients were provided legal advice and pro se assistance with foreclosure pleadings; appeared at summary judgment hearings; provided full representation; co-counseled with staff attorneys; and counseled clients during mediations.

However, this inquiry may be resolved at the summary judgment phase when the «defense is conclusively established by plain, palpable and undisputed evidence» that leave no issue of fact for a jury to determine.

Our variable of interest is whether the moving party was successful at the summary judgment stage.

In February of 2015, Lynch Schwab successfully had a personal injury lawsuit dismissed at the summary judgment stage.

The employee had argued unsuccessfully at a summary judgment motion that the language of the termination clause was an attempt to contract out of the ESA because it did not specifically provide the employee with «severance» as required by the ESA.

Under F.R.Civ.P 56 declarations usually are not within the type of evidentiary categories that can be used at the summary judgment phase.

Successfully defeated water intrusion claims of condo association at summary judgment stage on behalf of developer

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;

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

«However, the goal is not summary judgment at all costs.

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.

13 Whitehead does not use the term judgment at this point, but see S 50; PR 100, 260, 267; MT 181 for various summaries of PI in which its judgmental character emerges.

At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.

Here's a closer look at the court's ruling on the district's and individual defendants» motion for summary judgment for Ms. I's claims.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

At the point where the matters of fact are determined and it has become a simple matter of law, a party can move for summary judgment, moving to apply that matter of law to that set of facts.

Fair use is a legal defense, meaning that in order to «win» on it, you have to (a) be sued, and (b) litigate the case until at least the summary judgment stage.

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

If there are no alternative facts submitted by the defendant, the case will be decided at the motion for summary judgment stage.

[18] I pause at this juncture, to remind myself of the goals of this summary judgment hearing.

Generally, the contents of lawyers» affidavits of this sort can be ignored on motions for summary judgment: Victoria Mendes et al. v. Blaisdale Montessori School, 2014 ONSC 3178 (CanLII) at para. 3, aff'd 2014 ONCA 821 (CanLII).

His memorandum in opposition to a defense motion for summary judgment was due at midnight.

Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016 MBCA 23 in para. 5.

Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016... [more]

Represented Braintree Laboratories at the Federal Circuit to reverse a district court's grant of summary judgment of noninfringement for Breckenridge Pharmaceutical, following a patent dispute concerning Breckenridge's planned generic version of Braintree's SUPREP laxative drug.

Limoges argued that the expert's affidavit was sufficient to establish duty and breach, particularly at the summary - judgment phase of the proceedings.

«Having considered both parties» submissions, this order finds that good cause has not been shown to engage in a summary judgment battle at this time.»

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.

At the time of trial, another co-defendant's appeal was pending of a denial of summary judgment concerning immunity.

By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.

At the motion for summary judgment, the plaintiff had filed a letter from a third party dentist, which noted that the defendant dentists did not meet the standard of care.

The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion... [more]

It has become more and more difficult to get a fair chance at trial due to the anti-employee bias of many federal judges, including the evermore difficult standards required to get past summary judgment.

If a growing proportion of the cases today that «should» settle but do not are those in which at least one party is simply not prepared to settle under any circumstances, this could help to explain why litigants who resist summary judgment are doing so all the more doggedly.

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.»

Patent holders are successful 37 percent of the time, with a 19 percent win rate in summary judgments and a 57 percent win rate at trial.

The defendants contended that what the publication complained of occurred on an occasion of qualified privilege at common law, that the claimant had no real prospect of showing the publication was malicious and that, accordingly, summary judgment should be given for them.

The motion judge correctly ruled that, where there was no evidence that David Pearlman was in control of the vehicle at the time of the accident or that he gave his consent to Thomas» operation of the vehicle, he was entitled to summary judgment with respect to the negligence claim against him.

It was not appropriate to take into account the course the litigation took thereafter, and the reasons for judgment on the summary dismissal action given one year later, in deciding whether H met the standard of care at the time.