Sentences with phrase «by granting their summary judgment»

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

The important question of how much latitude judges have in Ontario to avoid trials by granting summary judgment under Rule 20 is scheduled to come before the Supreme Court of Canada in March in two appeals involving an alleged investor scam.

Not exact matches

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.»

CONCLUSION For the reasons set forth above, and because no issue of material fact exists for determination by a jury, it is axiomatic that summary judgment for Defendant should be granted.

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.).

Prior to trial, the trial court granted the automotive manufacturer's partial summary judgment, holding that a manufacturer does not have a duty to warn about products manufactured by other companies.

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.

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.

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.»

A Superior Court judge granted the defendants» motion for summary judgment ruling that plaintiff's claims were preempted by Federal statute and safety regulations promulgated thereunder.

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

In his decision to grant summary judgment in favour of the Claimants, in the above named conjoined matters, Mr Justice Eder leaves no room for doubt that judges in England take pre trial conduct very seriously indeed and will regard a «snub» by foreign parties, even public authorities, as a direct offence to the authority of the English court.

On April 21, 2016, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by Brooks Kushman on behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technology.

The District Court granted summary judgment to the individual defendants, finding that they had absolute immunity for their legislative acts and that the ordinances and resolutions adopted by the council did not constitute an official policy of harassment, as alleged by petitioners.

In plaintiff customer's suit alleging that tainted seafood he consumed at Frankie Rowland's Steakhouse in Roanoke triggered his Guillain - Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group...

A summary judgment motion, if granted by a judge, removes a case from the province of the jury.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

868, 874 - 78 (N.D.N.Y. 1995)(granting summary judgment in favour of employer on employee defamation claim stemming from employer's investigation and subsequent reporting of employee's illegal conduct, and finding that the investigation was conducted in a «thorough and responsible manner» because it was initiated immediately following reports of wrongdoing, included interviews with all relevant parties and an extensive review of books and records, and was undertaken by a team including both inside and outside counsel).

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

The federal district court in Las Vegas erred in granting summary judgment to patent infringement defendant DigiDeal as to certain cancelled claims (upon reexamination by the USPTO) of U.S. Patent No. 7,523,935 because suits based upon cancelled claims must be dismissed for

The trial judge granted the Montecuccos summary judgment for that portion of the land which was marked by the fence (and typography) above the steep embankment running easterly from the bulkhead away from Eld Inlet.

If sample size is not masking a significant correlation, the greater readability advantage in federal courts may be explained by the factors that depress the summary judgment success rate in state courts: more restrictive state summary judgment standards, the lack of state court resources compared with those in federal court, and state court judges» relative reluctance to grant summary judgment.111 Although greater readability could still influence the outcomes in some state cases, which would be consistent with the slight readability advantage in our sample, on the whole the anti-summary-judgment factors would reduce the potential readability effect on summary judgment outcome.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

They can also analyze judges on motions practice by identifying the percentage of summary judgment motions a particular judge grants on average.

3 July 12, 2013)(unpublished) is a case where the lower court granted summary judgment across the board when a discharged personal injury attorney sued successor attorneys to honor an attorneys» lien in a second retainer agreement that attorney claimed was signed by discharging client.

The case was before the advent of the Civil Procedure Rules 1998 and the judge granted summary judgment under RSC Ord 14 and injunctions to prevent the use of the domain names by the defendants.

Miguna claimed he didn't consent to any publication, production, or release of the book by the defendants, Ontario Superior Court Justice Graeme Mew noted in his decision this month granting summary judgment in the case.

The decline in civil trials in federal court has much more do to with the interpretation of the law by the Circuit Courts and Supreme Court and the resulting increase in summary judgments granted by the district courts.»

The decline in civil trials in federal court has much more to with the interpretation of the law by the Circuit Courts and Supreme Court and the resulting increase in summary judgments granted by the district courts.

The Massachusetts Supreme Judicial Court has reversed a lower court ruling granting summary judgment to a law firm, saying the firm had failed to use all measures to combat an erroneous ruling by a French court.

(2) Any issue to be dealt with by presenting oral evidence is likely to have a significant impact on whether the summary judgment motion is granted; and

The court stated that the decision of the motion judge to grant summary judgment was undermined by his misinterpretation of the Limitations Act, 2002, s. 18.

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.

And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant.»

On December 30, 2013, Judge Scheindlin from the Southern District of New York granted summary judgment motions brought by two defendants in this toxic torts litigation.

Obtained dismissal on summary judgment of suit by disappointed bidder for City of Detroit cable TV franchise which claimed that First Amendment required the grant of multiple franchises

In Thompson v. DeKalb Board of REALTORS ®, the 11th Circuit addressed the district court's grant of summary judgment in favor of the defendant Board and MLS, dismissing plaintiffs» claim that the Federal antitrust laws are violated by the requirement that brokers be REALTORS ® to gain access to the Board's MLS.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Kaplon - Belo Assoc. v. Farrelly (221 A.D. 2d 321)- summary judgment granting broker's commission affirmed; broker entitled to commission when procures tenant ready, willing and able to lease on terms acceptable to lessor; lessor's execution of lease with procured tenant entitles broker to commission notwithstanding tenant's default under lease shortly after its execution; agent for an undisclosed or unidentified principal is individually liable on contract signed by agent without disclosing his agency

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Praedia Realty Corp. v. Durst (233 A.D. 2d 380)- order granting buyer's motion for summary judgment dismissing broker's complaint affirmed; broker was hired by seller to find a purchaser for the premises; contract between broker and buyer will not be implied in fact where facts are inconsistent with its existence; order granting selling broker's motion for summary judgment dismissing broker's complaint affirmed; in the absence of an agreement with the buyer, conduct on the part of selling broker can not be the proximate cause of seller's broker's failure to collect a commission from buyer; broker not entitled to commission where at time broker negotiated selling price, buyer was not ready, willing and able to purchase at the terms set by the seller.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

In 2014, U.S. District Judge Katherine Forrest granted summary judgment to prosecutors» forfeiture request, agreeing that the government had established that the building's primary owners — the Alavi Foundation and a shell company controlled by the government of Iran — had been violating Iran sanctions laws since 1995.