Sentences with phrase «granted summary judgment under»

The case was before the advent of the Civil Procedure Rules 1998 and the judge granted summary judgment under RSC Ord 14 and injunctions to prevent the use of the domain names by the defendants.

The important question of how much latitude judges have in Ontario to avoid trials by granting summary judgment under Rule 20 is scheduled to come before the Supreme Court of Canada in March in two appeals involving an alleged investor scam.

Not exact matches

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»

Finding that Veoh qualifies for protection under the safe harbor provision of the Digital Millennium Copyright Act, U.S. District Judge A. Howard Matz granted summary judgment dismissing Universal's suit.

Judge Reiss granted the defendants» motion for summary judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»

21st Century then moved for summary judgment because its policy contained a «Named Driver Exclusion Endorsement» that excluded Roberson from all coverage under the policy; the trial court agreed and granted 21st Century's motion.

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.

Dowd Bennett Partners Jim Bennett and Jennifer Kingston represented Nucor Corporation in the U.S. Court of Appeals for the Eighth Circuit on an appeal of the district court's grant of summary judgment to Nucor on plaintiff's claims under the Family and Medical Leave Act («FMLA»).

(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.

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.»

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.

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.

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.

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

Kaplon - Belo Assoc. v. Farrelly (221 A.D. 2d 321)- summary judgment granting broker's commission affirmed; broker entitled to commission when procures tenant ready, willing and able to lease on terms acceptable to lessor; lessor's execution of lease with procured tenant entitles broker to commission notwithstanding tenant's default under lease shortly after its execution; agent for an undisclosed or unidentified principal is individually liable on contract signed by agent without disclosing his agency

Levy v. Friedman (216 A.D. 2D 18) order granting summary judgment dismissing broker's complaint affirmed; commission due upon title actually closing; broker's claim of seller / client's willful default under contract of sale hasno merit where seller did not enter into contract of sale and therefore could not willfully default.

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