Sentences with phrase «denied summary judgment»

Thus, the court found that issues of fact remained regarding reasonable accommodation and denied summary judgment on this matter.

The court denied summary judgment on the negligence claim.

Here, however, Daniels was a subagent and a janitor who was acting outside the scope of his actual authority, so the court found issues of material fact regarding liability and denied summary judgment.

Thus, it denied summary judgment to Seller.

Feb. 23, 1999), Judges Kottmyer and Gants, respectively, denied summary judgment where the corporate defendants had the right to control the physician's general activities, For instance, if the corporation determines the physician's method of payment, hours worked, place of practice, supervisory hierarchy, and practice guidelines or protocols, it can not claim that the physician was an independent contractor.

As a result, it denied summary judgment on the negligence claim.

But here, the judge denied summary judgment and conducted a jury trial.

The trial court disagreed with the defendant and denied summary judgment on that basis.

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

Defendants had appealed this Court's decision denying summary judgment as to the Government's claim for disgorgement under 18 U.S.C. 1964 (a).

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 judge, in denying summary judgment to the employer, pointed out that previous rulings from the Third Circuit Court of Appeals (which includes New Jersey) have found that age gaps as small as five years can sometimes qualify as «sufficiently younger» and satisfy the ADEA, Bloomberg BNA reported.

The Supreme Court, in any event, upheld both judgments, ruling the appeal court was correct in denying summary judgment for one while allowing it for another.

An Indiana bicycle accident claim will go no further after the Indiana Court of Appeals ruled the trial court was wrong to deny summary judgment favoring the defendant city.

The Indiana Court of Appeals reversed a trial court's order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage.

Cunningham v. Nugent Street Corp. (202 A.D. 2d 649) order denying summary judgment for defendant reversed, broker's complaint dismissed.

Helmsley - Spear, Inc. v. Melville Corp (203 A.D. 2d 517) In action for breach of oral brokerage agreement, order denying summary judgment for defendant reversed and broker's complaint dismissed.

Not exact matches

Judge Wilken's decision to deny the NCAA summary judgment does not mean the NCAA will lose the trial.

(d) Intentional infliction of emotional distress The court granted the district's motion but denied the individual defendants» motion for summary judgment for this claim because of the boundaries of the state's governmental immunity legislation.

The case — Houston Federation of Teachers et al. v. Houston ISD — was filed in 2014 and just yesterday, United States Magistrate Judge Stephen Wm. Smith denied in the United States District Court, Southern District of Texas, the district's request for summary judgment given the plaintiffs» due process claims.

Denying request for summary judgment, the Los Angeles Superior Court gave Activision the green light to go to trial with its $ 400 million contract interference lawsuit against Electronic Arts over Call of Duty creators Jason West and Vince Zampella.

Yesterday, U.S. District Judge Timothy C. Batten Sr., ruling on Fastcase's motion for summary judgment, denied the motion and dismissed the lawsuit without prejudice, meaning that Fastcase is not barred from refiling the lawsuit in another court.

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 defendants denied the allegations and filed a motion for summary judgment.

This alone was sufficient to provide a possible basis for negligent entrustment and mean that summary judgment should have been denied.

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

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

While recusing himself in Floyd v. Cosi, 14 - cv - 3772, Weinstein denied Cosi summary judgment but gave it permission to renew the motion before another judge, after discovery was conducted «under close supervision of the magistrate judge.»

Memphis Light's motion for summary judgment was denied and a jury subsequently awarded Mosby - Mecheam $ 92,000 in compensatory damages for disability discrimination, but it denied her claims of pregnancy discrimination and retaliation.

Thus, the high court reversed the lower court's decision to deny the defendant's motion for summary judgment.

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

The insured's claims, which involved losses allegedly caused by Hurricane Irene, power interruption, and copper thefts, were denied on summary judgment on the grounds that the damages claimed were fraudulently inflated and exacerbated by the actions of the insured.

As to Fastcase's claim for declaratory judgment related to its copying of materials prior to April 7, summary judgment should be denied based on disputes as to material fact, as well as the need for discovery as to certain material facts.

You can decide for yourself after reading Target's motion for summary judgment and the court's memorandum denying the motion.

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).

The trial court ultimately ruled that the misdiagnosis claim did fall within the statute of limitations period and denied the defendant's motion for summary judgment with respect to this claim.

Mr. Pierson is running the case for Cohen Milstein and in 2015 took the lead for the direct purchaser plaintiffs in arguing against the defendants» summary judgment motions (which were denied by the Court for four of the five defendants).

Judge Taft - Carter's decision denying Crane Co.'s motion for summary judgment is notable as the first instance in which a Rhode Island court has addressed the scope of duty an employer owes for «secondary» or «take - home» exposures.

In the Cecil and Cort studies, unsuccessful motions for partial summary judgment appear in the «deny» outcome, thus depressing success rates in comparison to our sample.

Because our sample excluded motions seeking partial summary judgment and orders granting partial summary judgment, and because our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» outcomes.

Cases were included in the sample if they contained one brief in support of a motion for summary judgment, one in opposition, and an order granting or denying the motion.

First, summary judgment motions generate a measurable outcome: granted or denied.

The plaintiff asked for $ 250,000 as a settlement, but after Target's motion for summary judgment was denied by the court the settlement demand rose to $ 750,000.

Cecil's study provides four categories of summary judgment outcomes: grant in full, grant in part, deny, and «other,» meaning that no action was taken or the district judge accepted the magistrate judge's report and recommendation without indicating whether the motion was granted or denied.

The dual effort bore fruit: the trial court granted summary judgment on statute of limitations grounds and awarded attorney's fees for the costs of proving denied requests for admission, and the Court of Appeal affirmed the trial court's rulings in full.

The Ninth Circuit reversed the published decision of the district court, which had denied insurer's motion for summary judgment, holding that a defect that is not apparent upon reasonable inspection, but only comes to light after an intensive post-failure expert examination, is a latent defect within insurance policy's latent defect exclusion.

The court denied plaintiff's motion for summary judgment that individual defendant was liable for the default judgment awarded plaintiff against corporate defendant because plaintiff failed to pierce the corporate veil.

Denying defendants» two motions (the summary judgment motion and motion to strike), the Court provides a useful gloss on the operative evidence rules that control e-mail documents in litigation.

In a family's suit for damages from mold contamination due to water leakage in their military housing, defendants win summary judgment on plaintiffs» claims except for their claim for negligence per se; the Norfolk U.S. District Court also denies defendant...

Did the motion judge err in denying the request for a second adjournment of the respondent's motion for summary judgment?