Sentences with phrase «claim on a summary judgment motion»

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.

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).

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.

Judgment is entered in favor of Defendants Microsoft Corporation, Electronic Arts Inc., Harmonix Music Systems, Inc., Majesco Entertainment Co., Ubisoft Inc., and Nintendo of America Inc.'s (collectively «Defendants») on Plaintiff Richard J. Baker's («Baker») claims for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 2017.

In addition, the Court confirmed that a bonus entitlement claim can be decided on a summary judgment motion.

The Superior Court allowed defendant's motion to dismiss on the claims of negligent infliction of emotional distress and fraud, and later allowed defendant's motion for summary judgment on the claims of intentional infliction of emotional distress and battery.

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.

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.).

The plaintiff moved for summary judgment, but the action was dismissed when the defendant was successful on the motion in claiming that there was no tort for breach of privacy in Ontario.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1) of the Health Professions Procedural Code, S.O. 1991 applied.

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimonOn appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimonon the trial court granting the defendant's request to exclude the expert's testimony.

The Court held that the motion judge erred in allowing summary judgment on the negligence claim against the Pearlmans where there were issues of material fact whether Samantha knowingly permitted Thomas to operate her car in violation of a provision of G.L. c. 90 and whether that violation was causally related to the accident.

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.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

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.

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.

Drafted motion for summary judgment on behalf of a product manufacturer involving the economic loss doctrine and statute of limitations issues that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Drafted motion for summary judgment on behalf of grocery store that resulted in voluntary dismissal of the plaintiff's claims against the store.

Successfully defended [1] against a summary judgment motion brought by Zuber and Company on a multi-million dollar personal injury claim.

Based on that determination, Brooks Kushman filed a motion for summary judgment and on April 21, 2016, U.S. District Judge Norma L. Shapiro granted the motion ending all claims against Ford on the grounds that the TMC patent did not cover the accused Ford vehicles.

Successfully obtained summary judgment on securities fraud claims for defendant; Federal District Court denied plaintiffs» motion for class certification

The insured brought a motion for summary judgment on the basis that the malpractice claim was statute - barred.

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.

Oh, they also based their motion for summary judgment on the non-justiciability of plaintiff's claim — because there was no pending ethics action!

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

Accordingly, the judge granted the motion for summary judgment on the issue of punitive damages and left the plaintiff's negligence claim as the sole remaining issue for trial.

The Year In Review also provides effective strategies to manage workplace harassment via social media, settle WSIB claims quickly and at minimal cost, as well as details on when employers can resist motions for summary judgment in wrongful dismissal litigation and the most recent legal developments in family status accommodation.

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

Assisted in winning a motion for summary judgment on behalf of a local developer facing claims of construction defects.

On appeal, the ONCA upheld the summary judgment motion and dismissed the Plaintiff's claim as being time - barred.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

He prevailed at claim construction and on motions for summary judgment to limit customers» claims of indirect infringement.

In Hoskins v. Co-operators, the insurer brought a summary judgment motion seeking to dismiss the plaintiff's claim for post-104 income replacement benefits on the basis of section 281 (2) of the Insurance Act:

Argued motion successfully limiting claims based on Hazen Paper Co. v. Biggins and summary judgment motion that was eventually granted on all disparate treatment claims for the entire collective action.

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.

$ 70 million claim defeated on motion for summary judgment.

If this principle is not followed, there is a very real possibility of a trial result that is inconsistent with the result of the summary judgment motion on essentially the same claim.

The trial court granted the defendant's motion for summary judgment on her failure to warn claim, and a jury entered a verdict in Merck's favor in October 2011 on the design defect claim.

The webinar cover the impact recent rulings will have on: Confidentiality of settlement negotiations Coverage liability Expert evidence at trial Limitation periods Motions for summary judgment Motor vehicle liability Property claims Statutory accident benefits.

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.

Students will be assessed on the basis of two writing assignments, a Markman / claim construction brief and a summary judgment motion, and on an oral argument on their brief.

The motions judge dismissed the claim against one of the defendants on a motion for summary judgment, and subsequently ordered a focussed, hybrid trial to deal with the balance of the claims.

After certification of the class action, Maple Leaf brought a summary judgment motion seeking dismissal of certain claims on the basis that Maple Leaf owed no duty of care to the class.

The district court addressed VEPCO's motion for summary judgment on all three claims.

The court granted summary judgment on plaintiff's claim of discriminatory advertising, but denied her motions regarding refusal to rent due to family status and discrimination in terms and conditions of rental.

The trial court originally granted the representative's motion for summary judgment on the misrepresentation claims, finding that the purchaser could not have justifiably relied on the representative's statement because the purchaser was a sophisticated party, had inspected the property, and the title report did not mention beach access.

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

The sellers and their broker moved for summary judgment on the buyer's claims against them, and the trial court granted their motion.