Sentences with phrase «genuine issue of fact»

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

His briefs did not include affidavits, expert reports, deposition testimony or any other evidence that might create genuine issues of fact, she said.

Genuine issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and misleading advertising regarding the omega - 3 nutrient content of certain of its products in violation of California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).

In Emrick v. Libbey - Owens - Ford Co., the district court held that: (1) it is not per se unreasonable to accommodate a disabled employee in violation of a seniority system; (2) there were genuine issues of fact as to the employer's attempts to reasonably accommodate the plaintiff; and (3) where an employer does not regularly transfer employees between its facilities, it is not required to do so.

On August 6, 2014, the state filed a motion for summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law..

Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law.

Finding that the plaintiff had failed to create a genuine issue of fact with respect to the City's liability, the court granted summary judgment in the City's favor.

The Third Circuit affirmed the trial court's ruling that her speech wasn't protected, leaving no genuine issue of fact for deliberation by a jury.

Ultimately, the court concluded that the lower court improperly granted the defendant employer's motion for summary judgment, finding that a genuine issue of fact remained as to whether the employer was vicariously liable.

The state supreme court reversed, ruling that the plaintiff had raised a genuine issue of fact as to whether the highway was unsafe, and her claim should have been heard by a jury.

Even if there is a genuine issue of fact or law for trial, the court may determine the issue by way of summary trial.

summary judgment: a determination in an action on the grounds that there is no genuine issue of fact

In Benson v. Northwest Airlines, Inc., the Eighth Circuit reversed summary judgment as it found the plaintiff (1) made a prima facie case that he was able to perform the essential functions of his position, and (2) created a genuine issue of fact as to whether the airline had an existing vacant position which he could have filled.