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

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.

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;

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

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.

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.

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.

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.»

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.

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.

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).

Interns will have the opportunity to draft bench memoranda, judicial orders, and opinions on a variety of substantive matters, including motions to dismiss, motions for summary judgment, magistrate judge reports, and habeas corpus petitions.

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.

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.

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

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:

Drawing on substantial skills and in - depth knowledge of ERISA's substantive provisions, our ERISA litigation group has been successful in making both threshold motions to dismiss and motions for summary judgment, thus avoiding or minimizing costly and disruptive discovery and trials.

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.

On a motion for summary judgment, the motion judge found that the teachers were wrongfully dismissed and awarded pay in lieu of the six months» notice that he found they should have received (2015 ONSC 15).

The motion judge dismissed the motion for summary judgment on the basis that the limitation period did not commence until February 2013, when the respondent received the diagnosis from Dr. Patel.

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.

In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

Shepherd Real Estate v. Ferguson (204 A.D. 2d 392) judgment granting defendant's motion for summary judgment and dismissing complaint affirmed; broker failed to produce buyer ready, willing and able; buyer and seller were unable to meet agreement on inclusion of clause in contract (regarding unlimited access to property prior to closing).

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.