Sentences with phrase «for partial summary judgment»

The court also granted the joint motion for partial summary judgment as to the count for partial disclosure and use of the proprietary formula.

[1] The plaintiff moves under Rule 20 for partial summary judgment striking out paragraph 7 of the defendant's amended statement of defence.

Typically, an action does not progress in the face of a motion for partial summary judgment.

The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion... [more]

The trial court denied Buyer's motion for partial summary judgment on Paramount's liability for professional negligence.7

After filing the second case, the family asked the court to grant a motion for partial summary judgment against State Farm.

[1] The plaintiff in this case brought a motion for partial summary judgment alleging breach of the Copyright Act, R.S.C. 1985, c. C - 42.

The state of Georgia's motion for partial summary judgment addresses Public Resource's contention that its publication of the OCGA is fair use under copyright law.

A delay tactic, dressed as a request for partial summary judgment, may be used, albeit improperly, to cause an opposing party to expend time and legal fees on a motion that will not finally determine the action and, at best, will only resolve one element of the action.

[24] Lastly, I would observe the obvious, namely, that a motion for partial summary judgment differs from a motion for summary judgment.

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.

The Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. James.

At the appeal hearing, the Respondent Royal Victoria Regional Health Centre «acknowledged that its motion for partial summary judgment dismissing the claims against it was limited...» to certain claims.

The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion.

[3] The question on these motions for partial summary judgment is whether the applicable contractual language allowing GMCL to do so was sufficiently clear and unambiguous.

At the conclusion of discovery, Smith made a motion for partial summary judgment, arguing, inter alia, that there was no basis for piercing the corporate veil and thus making him personally liable in the claims at issue.

The franchise filed a motion for partial summary judgment, arguing that since it had already conceded the driver was acting in the course and scope of employment, the chain could only be held vicariously liable under the doctrine of respondeat superior.

[23] When bringing a motion for partial summary judgment, the moving party should consider these factors in assessing whether the motion is advisable in the context of the litigation as a whole.

CIBC involved a motion for partial summary judgment.

'' In response to Abbott's motion for partial summary judgment, the seventeen - page affidavit of Hon. Kenneth R. Feinberg, a practicing attorney and an expert in mass tort litigation, was submitted in the Boone County civil case heard by Judge Wehr.

A motion for partial summary judgment should be considered to be a rare procedure that is reserved for an issue or issues that may be readily bifurcated from those in the main action and that may be dealt with expeditiously and in a cost effective manner.

[27] Second, a motion for partial summary judgment may by very expensive.

«A motion for partial summary judgment should be considered a rare procedure that is reserved for an issue or issues that may be readily bifurcated from those in the main action and that may be dealt with expeditiously and in a cost effective manner.»

On a motion for partial summary judgment, the court agreed that the construction lender owed no duty of care whatsoever to purchasers of units in the condominium or to the condominium corporation itself.

¶ 44 We reach the same conclusion for Buyer's remaining negligence allegations against Paramount, which we note for the record, were not specifically addressed in Buyer's motion for partial summary judgment.