Sentences with phrase «grant summary judgment if»

Under Rule 20.04 (2 (a) of the Rules of Civil Procedure, the Court shall grant summary judgment if it is satisfied that there is no genuine issue requiring a trial.

Judge Wilken would have only granted summary judgment if the NCAA had satisfied a high threshold.

The district court noted that a party may be granted summary judgment if it can show that there is «no genuine issue as to any material fact and... that it is entitled to judgment as a matter of law.»

Not exact matches

What if I knew he typically does not grant summary judgment motions?»

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

The appellate court was tasked with determining if the lower court's decision to grant summary judgment in favor of the defendant was proper.

The appellate court was tasked with determining if the trial court was proper to grant the defendant's motion for summary judgment based on the plaintiff's failure to establish that the defendant was negligent.

A summary judgment motion, if granted by a judge, removes a case from the province of the jury.

If sample size is not masking a significant correlation, the greater readability advantage in federal courts may be explained by the factors that depress the summary judgment success rate in state courts: more restrictive state summary judgment standards, the lack of state court resources compared with those in federal court, and state court judges» relative reluctance to grant summary judgment.111 Although greater readability could still influence the outcomes in some state cases, which would be consistent with the slight readability advantage in our sample, on the whole the anti-summary-judgment factors would reduce the potential readability effect on summary judgment outcome.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

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.

If we treat grants in part as moving party successes, defendants in Cecil's study who moved for summary judgment succeeded 69.4 % of the time, and plaintiffs succeeded 48 % of the time.

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.

In addition, to the extent the motion judge considers it advisable, if the motion for summary judgment is not granted but is successful in part, partial summary judgment may be ordered in that context.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

In that regard, Karakatsanis J. observed that it may not be in the interests of justice to use the new fact - finding powers to grant summary judgment against a single defendant if the claims against other parties will proceed to trial in any event.

In the Lam case, MacDonald put forward a Supreme Court of Canada decision — Hryniak v. Mauldin — that talks about proportionality, affordable access to justice, and the fact these kind of summary trial rules should be given a broad latitude and if a judge, in his or her discretion, feels they can grant judgment on the evidence before them they should be allowed to do so.

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.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission