Sentences with phrase «for summary judgment»

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

The plaintiffs move for summary judgment on their claims.

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

A proactive approach to employment agreement design, in other words, can help mitigate much of the risk associated with the trend toward motions for summary judgment in wrongful dismissal actions.

The trial judge granted the motion for summary judgment dismissing the case.

The company made an application for summary judgment, seeking to dismiss the claim at the outset or, in the alternative, to strike out portions of the claim.

The effect of applying for summary judgment is that the process of enforcing the foreign judgment is expedited and simplified.

This court should deny plaintiff's motion for summary judgment for three reasons.

In this case, that meant that the employee was able to defeat the employer's request for summary judgment.

The list of issues should be used by judges to actively promote a consideration of whether particular issues were appropriate for summary judgment or strike out applications.

Likewise, a plaintiff can ask for summary judgment for an award of damages and costs where there is no «actual defence» to the action.

There will inevitably be disagreements on whether a particular case is suitable for summary judgment.

He moved for summary judgment seeking damages for wrongful dismissal including his bonus payment entitlement.

Accordingly, it can certainly be argued that many more cases than before may be considered to be «proper» cases for summary judgment.

The accountants moved for summary judgment arguing the action was barred by the release.

It merely has to appear, presumably at an early stage, that the case is a proper one for summary judgment.

The city plans to file a motion soon for summary judgment, which, if granted, would avoid a costly trial.

On appeal, the court took the opportunity to affirm the standard for summary judgment, and when it is appropriate.

A motion for summary judgment does not, however, have to dispose of every issue in a personal injury lawsuit.

We have considerable experience in seeking and responding to motions for summary judgment in commercial matters.

... A significant advance does not have to be so definitive that it would support an application for summary judgment.

The plaintiffs moved for summary judgment on their claim, but the court let the question go to the jury.

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

We also filed a motion for summary judgment against plaintiffs, which was heard by the court on the «eve» of trial.

Prepared recommendation memo for the court on a motion for summary judgment for a mortgage foreclosure case.

[1] This is a motion for summary judgment brought by the plaintiff.

After expedited discovery, the court granted the issuer's motion for summary judgment in all respects, permitting the bond issuance to proceed.

The writ for summary judgment filed at the Enugu State High Court in Suit No E / 767/2017, borders on what Ugwuoke claimed was deliberate refusal, failure and neglect of the doctors to keep to terms of their agreement with his law firm.

It appears that, as the Court of Appeal noted, Dunphy J. mixed up the test for a summary judgment motion under rule 20, with the very strict test on a motion to strike under rule 21.

The defendants» moved for summary judgment based on the doctrine of caveat emptor.

Applications for summary judgment under CPR Pt 24 often involve points of construction.

On behalf of an Indian Tribe client, Mr. McConnell successfully moved for summary judgment as a plaintiff against a contractor who was improperly licensed for over $ 900,000 in one action, and over $ 2,000,000 in another.

In addition, Justice Belobaba dismissed the request for summary judgment of whether the Settlement was unreasonable in the circumstances.

For personal injury lawyers we require proof of 3 cases that have gone to trial in the last 5 years resulting in verdict for that lawyer and we also require 2 motions for summary judgment ruled in favor of that attorney.

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.

Botwin said the town will soon file a motion in State Supreme Court for summary judgment after discovering charges for ineligible FIT students.

Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees.

While it's not clear if the SEAA moved the voucher disbursement date thanks to pressure from Rep. Stam or any other lawmaker, according to public records the SEAA did receive an email inquiry from legislative staff attorney Kara McCraw on June 4 — the day after a scheduling order for the summary judgment hearing was agreed to by attorneys, making the date August 22.

However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited for summary judgment because there was little in dispute of a factual nature as it was largely based on materials taken from various blogs.

«The state Supreme Court had already granted our request for summary judgment determining that Trump and his University are liable for operating illegally in New York as an unlicensed educational institution.»

After evaluating the asserted patent and AMES products, Brooks Kushman planned a strategy of moving for summary judgment at a very early stage of the case, and encouraging the court to address claim construction issues as part of that motion.

Chambers, who says Nebraska is as good a place for such a case as any since God is omnipresent, asked the court for a summary judgment or for an injunction against God from engaging in the acts detailed in the suit.

U.S. District Judge Ruben Castillo granted Klinger's bid for summary judgment in December, and the Seventh Circuit affirmed his ruling, following Seventh Circuit Judge Richard Posner's characterization of the estate's argument as a «very aggressive attempt to enlarge copyright law» during oral arguments.

Whether the English court should dismiss an application for summary judgment where there was a dispute as to the effect of a foreign insolvency law provision on an English law guarantee.