Sentences with phrase «decision granting summary judgment»

As a result, the court reversed a lower court's decision granting summary judgment in the plaintiff's favor.

Point of Law pointed me to the Abnormal Use blog's writeup of a decision granting summary judgment to Sonic restaurants in a hot coffee case out of Louisiana.

The firm is pleased to announce that on Monday, July 6, 2015, a final decision granting summary judgment in Bode...

Not exact matches

Summary judgment was granted; that decision was overturned on appeal to the Ontario Court of Appeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused in 2010.

Justice Richard F. Braun, in a decision issued from the bench, agreed with Con Edison's arguments and granted summary judgment.

The appellate court was tasked with determining if the lower court's decision to grant summary judgment in favor of the defendant was proper.

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.

The jury trial decline in federal courts coincides with the Supreme Court's 1986 decisions instructing trial courts to grant summary judgments unless the plaintiff proves the probability of the allegations.

However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff's notice was inadequate.

The trial court granted summary judgment in favor of the company, and the court of appeals then reversed the decision.

Special Properties v Woodruff 273 Mich App 586; 730 NW2d 753 (2007)(reversing trial court decision granting summary disposition to plaintiff and remanding for entry of judgment in favor of defendant on quiet title action)

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.

My sense is that we are seeing more summary judgment motions being granted (although that's anecdotal, since I haven't run the pre-Combined Air decisions yet to compare), but that success is still highly dependent on making sure your case really meets the Combined Air criteria before bringing a motion.

The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.

On April 13, 2012, Justice Sheffield of the Ontario Superior Court of Justice released his decision granting an order for summary judgment in our client's favour.

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.

Nov. 2, 2012)(unpublished decision)(granting summary judgment dismissing individual plaintiff from suit on basis of judicial estoppel but allowing bankruptcy trustee to intervene on behalf of plaintiff's creditors).

Since the Court of Appeal determined s. 9 of the Crown Liability and Proceedings Act operates to bar the Appellant's claim, there was no genuine issue requiring a trial and the Motion Judge's decision to grant summary judgment in favour of the Respondents was upheld.

(Combined Air was an excellent example of how r. 20 has been neutered each time it has been upgunned over the decades: a promising start, then more and more and more decisions that expanded the list of situations in which summary judgment wasn't to be granted; Karabus and Tjaden very accurately cite this tendency as «interpretive erosion».)

In the Lam case, MacDonald put forward a Supreme Court of Canada decision — Hryniak v. Mauldin — that talks about proportionality, affordable access to justice, and the fact these kind of summary trial rules should be given a broad latitude and if a judge, in his or her discretion, feels they can grant judgment on the evidence before them they should be allowed to do so.

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.

The defendants were not entitled to reconsideration of the court's decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court's earlier conclusions.

Attorneys for Zillow filed a motion late last week asking the judge to grant summary judgment in its favor as a matter of law — referring to a recent 9th Circuit Court decision in the case Perfect 10 Inc. v. Giganews Inc. — before the jury is permitted to issue a verdict.