Sentences with phrase «granted summary judgment against»

After discovery, the trial court granted summary judgment against the contractor on the grounds that the contractor could not present evidence to prove this essential fact.

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

For instance, the judge granted summary judgment against the NCAA on its argument that scholarship rules «improve [e] the quality of the collegiate experience for student - athletes, other students, and alumni by maintaining the unique heritage and traditions of college athletics and preserving amateurism as a foundational principle, thereby distinguishing amateur college athletics from professional sports, allowing the former to exist as a distinct form of athletic rivalry and as an essential component of a comprehensive college education.»

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.

In plaintiff customer's suit alleging that tainted seafood he consumed at Frankie Rowland's Steakhouse in Roanoke triggered his Guillain - Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group...

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.

And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant.»

Not exact matches

In one case, Denenberg allegedly prepared a «fake order» in which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

A state judge said she won't grant summary judgment to New York State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald Trump.

[11] On that test, I was satisfied that summary judgment ought to be granted dismissing Sweda's claims against Burnbrae.

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

U.S. District Court Judge Richard Sullivan has granted summary judgment in favor of Capitol Records in its infringement suit against online digital music reseller ReDigi, which bills itself as «The World's First Pre-Owned Digital Marketplace.»

The issues in this application were whether the applicants were entitled to summary judgment on their harassment claim and whether the court should grant a permanent injunction pursuant to s. 3 (3) of the 1997 Protection Against Harassment Act.

The High Court (Burnley District Registry) has granted summary judgment on claims brought against NHS East Lancashire under the Public Contracts Regulations 2006, judging them to have been brought out of time.

Based on that determination, Brooks Kushman filed a motion for summary judgment and on April 21, 2016, U.S. District Judge Norma L. Shapiro granted the motion ending all claims against Ford on the grounds that the TMC patent did not cover the accused Ford vehicles.

The court granted summary judgment and dismissed the action against the law firm.

In Scott v. Valentine, Goldstein, J. reluctantly granted summary judgment to a firm of solicitors, dismissing Scott's action against them.

The trial court granted a «summary judgment» against the mother on her claims of negligent infliction of emotional distress but, sustained the claim of the sibling.

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

Summary judgment granted for defendant in case against an oil tank testing and removal company alleging negligence in connection with the testing of the underground oil tank.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

The Richmond U.S. District Court grants summary judgment for grocery store against a customer who allegedly slipped on a smashed grape on Saturday morning; customer could not prove actual or constructive knowledge of an unsafe condition when the employee responsible...

The court granted summary judgment to URS alone and dismissed the multi-million dollar claims against URS.

Successfully defended leading seller of home fitness equipment against patent infringement and state law claims relating its distribution of popular fitness equipment in which district court granted summary judgment and Federal Circuit affirmed.

A Motion Judge grants summary judgment dismissing the Appellant's action as against the Respondents (County of Simcoe Paramedic Services, Paramedic J. Doe, nine doctors, and Barrie Medical Clinics Inc.).

On appeal to the Nebraska Supreme Court, secured the reversal of summary judgment granted against client where, prior to representation, the client had been convicted of a moving traffic violation.

The plaintiff Saleh Mizyed appealed from the trial judge's order granting summary judgment, which dismissed his medical malpractice complaint against the defendant Palos Community Hospital.

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 court granted NAR's motion for summary judgment, finding that there was nothing unlawful about NAR supporting and sharing information with MLSs that were considering legal action against AHRN.

Brown & Son Realty v. Greenberg (195 A.D. 2d 583) broker causes suit against buyer and seller; summary judgment granted to buyer, as no contractual relationship; question of fact as to procuring cause re: seller.

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

3d 1016A)- salesperson's motion for summary judgment for commission against her broker granted; broker and salesperson orally agreed that broker would pay half of any commission that broker received to salesperson where salesperson was the procuring cause of sale generating the commission; broker refused to pay salesperson's commission on grounds that commission was not paid to broker on legal grounds but upon long standing ties with other brokerage firm and that salesperson did not do her job competently and professionally; court determined that in the course of performance it is the fact of payment of commission to the broker that triggers payment to the salesperson; judgment for salesperson for $ 11,250.00

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

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