Sentences with phrase «granted summary judgment based»

The defendant revealed in an amended pleading that it is a political subdivision of the state of Indiana, and the trial court granted summary judgment based on the plaintiffs» lack of notice under the ITCA.

However, the court granted summary judgment based on the court's own determination that public policy considerations prevented the defendant from being held liable in this situation.

Not exact matches

The appellate court reasoned that a lower court couldn't grant summary judgment on a basis not presented in the motion.

The moving defendants disputed this theory of liability on the basis that there was no causal connection that the light bulb caused the fire, and asked the Court to grant summary judgment in their favour.

In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.

District Court amended its original claim construction order based on the PTAB's ruling and granted summary judgment of non-infringement in favor of Ford on the ground that the express disclaimer prevented the patent - in - suit from covering Ford's vehicles.

The Court hearing the case agreed with the defendant and granted the defendant's motion for summary judgment, based on the legal principle of assumption of the risk.

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

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 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.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

The federal district court in Las Vegas erred in granting summary judgment to patent infringement defendant DigiDeal as to certain cancelled claims (upon reexamination by the USPTO) of U.S. Patent No. 7,523,935 because suits based upon cancelled claims must be dismissed for

The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.

Argued motion successfully limiting claims based on Hazen Paper Co. v. Biggins and summary judgment motion that was eventually granted on all disparate treatment claims for the entire collective action.

In refusing to grant summary judgment fixing the applicable notice period and dismissing the plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's employment on a without cause basis with impunity.

Nov. 2, 2012)(unpublished decision)(granting summary judgment dismissing individual plaintiff from suit on basis of judicial estoppel but allowing bankruptcy trustee to intervene on behalf of plaintiff's creditors).

Sterling Lumber Company v. Harrison, 2010 FCA 21, was a rare instance where the court granted summary judgment on issues of patent validity based on an admission during discovery of sales made prior to the relevant date that embodied the claims of the patent at issue.

Instead, the court found it had enough basis to grant judgment under summary trial procedure, which allows for a proceeding to be adjudicated faster on affidavit evidence and out - of - court cross-examinations.

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.

The court found that the defendant's use of «no children» in its rules constituted a per se violation of the Act's prohibition on discrimination based on family status and granted summary judgment on this claim.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment