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

The rescue captain argued that the demotion violated his First Amendment right to intimate association, but the lower court dismissed his case on a motion for summary judgment, concluding among other things that «Starling's First Amendment right to intimate association with Smith was not clearly established.»

Not exact matches

More recently, The Third Circuit, in a case from Pennsylvania, affirmed a school board's motion for summary judgment in response to a teacher's claim that officials violated her free speech rights for terminating her employment over comments she posted on her blog (Munroe v. Central Bucks School District, 2015).

In the first case, there is a motion for summary judgment — this might come to an amicable end, itf the parties can compromise on terms of disclosure.

This is not a case where the standard of proof on a motion for summary judgment would be relaxed in the name of proportionality.

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.

And so we will work on the initial strategy really throughout the life of the case even, but we also do sort of traditional law work, like motions for summary judgment and responses, jury charge work, objecting to jury charges and also the post-verdict sort of prejudgment motions phase and then even post-judgment motion.

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 Superior Court allowed the defendant insurer's motion for summary judgment on the ground that plaintiff was covered only by her husband's policy in this case.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

In the most recent case, a lawyer who appeared on the show had his claim against the CBC dismissed on a motion for summary judgment.

AT&T's motion for summary judgment in that case is scheduled for a hearing on Oct. 30.

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

The Court hearing the case agreed with the defendant and granted the defendant's motion for summary judgment, based on the legal principle of assumption of the risk.

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 technologOn 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 technologon behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technology.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

He added: «The plaintiff who treats a defence motion for summary judgment as a speed bump on the long highway to trial risks crashing its case in the deep ditch of dismissal.»

[22] Rule 20.04 (2.1) is a statutory reversal of the case law that had held that a judge can not assess credibility, weigh evidence, or find facts on a motion for summary judgment.

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.

Moving from cases where the moving party's brief is significantly less readable than the non-moving party's brief to the opposite situations, the likelihood that the moving party prevails on the motion for summary judgment more than doubles from 42 % to 85 %.

In class actions alleging securities fraud, we have won scores of cases for clients on motions to dismiss, class certification, summary judgment and at trial.

It varies from case to case depending on whether the parties attempt to resolve the case through negotiation or mediation, on whether the employer files a motion for summary judgment, and on the court in which the case is filed.

KWIKA filed a motion for summary judgment, and on the eve of the hearing, the insurer agreed to settle the case.

D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an expert witness on the issue of medical causation before an April 17, 2013 deadline required that the case be thrown out.

I am not going to comment on whether or not I believe that the discovery process should be permitted in all cases to run its course when a motion for summary judgment is pending.

[2] Given the directions made by the Supreme Court of Canada on the issue of proportionality in summary judgment motions in its recent decision in Hryniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 SCC 7, in my view when a request is made in an action on the Toronto Region Commercial List for a summary judgment motion date, one judge should case manage the proceeding.

In August 2015, a California federal court granted Weil's motion for summary judgment on behalf of CBS Interactive Inc. (CBSI) in another landmark right of publicity case (Lightbourne) that dismissed all of plaintiff's claims.

In cases that call for multiple findings of fact on the basis of conflicting evidence emanating from a number of witnesses and found in a voluminous record, a summary judgment motion can not serve as an adequate substitute for the trial process.

So, in the circle of life that is the Toronto motions culture, an Issues List developed at the suggestion of an experienced case management judge to avoid summary judgment motions and to secure an expedited trial of a dispute on its merits, now finds itself confined to the dustbin of «judicial nice tries», with the parties turning their backs on the proffered expedited trial date and hunkering down for summary judgment motions.

In reviewing the factors in Rule 57.01 (1) and the relevant case law, Justice Healey noted that the applicant had total success on the motion for summary judgment and that there had been insufficient evidence to support the respondents» positions.

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»

Prepared recommendation memo for the court on a motion for summary judgment for a mortgage foreclosure case.