Sentences with phrase «granted partial summary judgment»

(286 A.D. 2d 572)- broker granted partial summary judgment for payment of commission as a finder; record lacks any evidence that broker performed any services that could give rise to any fiduciary duties owed; party's agreement clear that once broker introduced the principals, broker's services were no longer needed; purchase and sale contract expressly states that seller agreed to pay broker pursuant to a separate agreement, such admission entitles broker to summary judgment as to liability for payment; matter remanded for determination of compensation agreed upon

The court granted partial summary judgment as it found that the compilation in question had the requisite level of originality to provide copyright protection.

The case management judge granted partial summary judgment against Canada related to a breach of Article 12.7.6 of the Agreement regarding the implementation of an informational monitoring plan.

The Partial Summary Judgment Approach — The employee is granted a partial summary judgment and the parties return to court during and or at the end of the notice period for further payments subject to the duty to mitigate.

Since there was no evidence that Western Express authorized or supported Bennett's alleged conduct, the New Mexico court granted partial summary judgment to the trucking company.

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

Judge Elaine Slobod, of Orange County Supreme Court in upstate New York, granted partial summary judgment March 12 for Wah - chung Hsu, who once lived in the hamlet of Highland Mills, saying in court documents that Wyckoff was in breach of contract when it did not pay him severance after firing him.

Because our sample excluded motions seeking partial summary judgment and orders granting partial summary judgment, and because our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» outcomes.

Pursuant to Smiechowski v. Preece, 2015 ABCA 105 (CanLII), a Master in Chambers grants partial summary judgment; dismisses the landlord's claim for unpaid rent.

Justice Perell held that it was an appropriate case to grant partial summary judgment and ruled in the landlord's favour.

[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.

[39] I also accept that Siskinds» approach of requesting the Court to consider granting partial summary judgment was appropriate in the circumstances of this case because the issue of liability turned on a quite discrete issue of contractual interpretation.

Not exact matches

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

Prior to trial, the trial court granted the automotive manufacturer's partial summary judgment, holding that a manufacturer does not have a duty to warn about products manufactured by other companies.

How often does the judge grant partial or complete dismissals or summary judgments early - on?

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.

Partial summary judgment ought only to be granted in the clearest of cases where the issue on which judgment is sought is clearly severable from the balance of the case.

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

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.