Sentences with phrase «granted summary judgment on»

The court granted summary judgment on plaintiff's claim of discriminatory advertising, but denied her motions regarding refusal to rent due to family status and discrimination in terms and conditions of rental.

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.

The motion judge granted summary judgment on the second issue, deciding that Williams could not be vicariously liable for Brunning's allegedly defamatory correspondence.

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.

Accordingly, the Court of Appeals concluded that the trial court properly granted summary judgment on the plaintiffs» claims.

The court granted summary judgment on the products liability claim, but denied it on the contractor negligence claim.

The dual effort bore fruit: the trial court granted summary judgment on statute of limitations grounds and awarded attorney's fees for the costs of proving denied requests for admission, and the Court of Appeal affirmed the trial court's rulings in full.

Plaintiff was granted summary judgment on secondary meaning and copyright infringement.

The court granted summary judgment on FDCPA liability to the plaintiff.

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.

Mid-Ohio Emergency Physicians, LLP v. Trinity Hospital Twin City, et al., Tuscarawas C.P. No. 2013 CV 12 0868: Granted summary judgment on post-petition bankruptcy contract litigation.

«Without live primary claims, the Court also grants summary judgment on Sulyma's derivative duty to monitor and co-fiduciary liability claims (claims V and VI).»

The Defendant argued that granting summary judgment on negligence alone, rather than liability, violated 735 ILCS 5/2-1005 (c).

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

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

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.

First, she argued it was a mistake for the lower court to grant summary judgment on her premises liability theory, since a gun was brought to a place where guests were imbibing alcohol.

However, the court did not grant summary judgment on the issue of whether the plaintiff was authorized to make copies of the compilation.

Not exact matches

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

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.»

The District Court granted summary judgment to the school district, finding that state law did not bar the district's use of the racial tiebreaker and that the plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest.

In the Seattle case, the District Court granted the school district summary judgment, finding, inter alia, that its plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest.

Judgment is entered in favor of Defendants Microsoft Corporation, Electronic Arts Inc., Harmonix Music Systems, Inc., Majesco Entertainment Co., Ubisoft Inc., and Nintendo of America Inc.'s (collectively «Defendants») on Plaintiff Richard J. Baker's («Baker») claims for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 2017.

Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma's grant of summary judgment and determined that the defendants» large - scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted «mining» under federal regulations addressing mineral development on Native... Complete story»

The D.C. Circuit affirmed the district court's grant of summary judgment to the garage owners, on the grounds that the intervening criminal act of the plaintiff's kin was not foreseeable.

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

Summary judgment was granted; that decision was overturned on appeal to the Ontario Court of Appeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused in 2010.

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

The firm is pleased to announce that on Monday, July 6, 2015, a final decision granting summary judgment in Bode...

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

It upheld the lower Court's granting of summary judgment on all counts with the exception of the G.L. c. 93A claim.

In an order [PDF] filed on October 4, 2012, Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania granted summary judgment dismissing Linda Eagle's claims that she had been damaged by her former employer's theft of her LinkedIn account.

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

On Wednesday, the FDA campaign may have died out altogether, as U.S. District Judge Richard Leon granted summary judgment in favor of five tobacco companies who objected that the proposed warnings would violate their free speech rights, cost millions of dollars to print and require them to feature anti-smoking advocacy more prominently than their own brands.

The district court granted summary judgment in Bryant's favor on the assault and battery claims.

The matter was appealed to the Wisconsin Supreme Court, which deadlocked on whether to grant summary judgment.

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.

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimonOn appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimonon the trial court granting the defendant's request to exclude the expert's testimony.

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.

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.

On Sept. 23, 2010, U.S. District Judge Marcia S. Krieger, however, granted summary judgment in favor of Nintendo in the case (Elvig, et al. v. Nintendo of America, Inc.).

(April 5, 2012), the 2nd Circuit confirmed that the § 512 (c) safe harbour requires knowledge or awareness of specific infringing activity but vacated the order granting summary judgment because they were of the view that a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.

The court thus concluded that «ReServe It,» «ReServe It 2.0,» «ReServe Gateway,» «ReServe University,» and «ReServe Cloud» are unenforceable as a matter of law and granted Reserve summary judgment on EFI's trademark infringement claims as to those marks.

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.

On April 21, 2016, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by Brooks Kushman on behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technologOn April 21, 2016, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by Brooks Kushman on behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technologon behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technology.

When the state sought summary judgment on sovereign immunity grounds, the trial court granted it, but the appellate court reversed.

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 plaintiff argued that the trial court erred in granting summary judgment because there was a genuine issue of material fact as to whether the defendant driver was negligent in parking the truck on the street in front of his home, considering the prior accident.