Sentences with phrase «granted the summary judgment motion»

What if I knew he typically does not grant summary judgment motions?»

The lower court granted the summary judgment motion.

When a judge grants a summary judgment motion, the case may be dismissed without ever being brought to a jury to decide.

U. L. Rev. 369, 438 (1992)(finding that attorneys who removed cases from state to federal court «most often cited summary judgment availability as their reason for removal» to federal court, and that the attorneys perceived «a greater willingness of the federal judiciary to grant summary judgment motions» as well as «organizational impediments limiting the ability of the state court judges to issue summary judgment rulings»).

(Part 1: The Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally with several state court judges, I realized that they are reluctant to grant summary judgment motions except in cases in which the claims are almost to the point of being frivolous.»)

However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.

On December 30, 2013, Judge Scheindlin from the Southern District of New York granted summary judgment motions brought by two defendants in this toxic torts litigation.

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.

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.

(d) Intentional infliction of emotional distress The court granted the district's motion but denied the individual defendants» motion for summary judgment for this claim because of the boundaries of the state's governmental immunity legislation.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

It granted the DOE's motion for summary judgment.

After expedited discovery, the court granted the issuer's motion for summary judgment in all respects, permitting the bond issuance to proceed.

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.

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

The district court granted FedEx's summary judgment motion.

Arden Engineering filed a motion for summary judgment, which the trial level judge granted.

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

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.).

By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.

Justice Karakatsanis emphasized that summary judgment motions must be granted whenever there is no genuine issue requiring a trial.

Appeals from the granting of a summary judgment motion go directly to the Court of Appeal, but appeals from the denial of such a motion go to the Divisional Court, and only then with leave.

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.

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.»

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

A Superior Court judge granted the defendants» motion for summary judgment ruling that plaintiff's claims were preempted by Federal statute and safety regulations promulgated thereunder.

The same three Justices [20] that dissented to the judicial recusal rule changes rejected the Panel's recommendation to grant Justice Gableman's summary judgment motion and to dismiss the case.

The district court granted IPT's summary judgment motion and ruled that it did not infringe Lumalier's patents.

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.

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 testimony.

Answer: Judge Carton says your motion for summary judgment is GRANTED.

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.

Defendants filed a motion for summary judgment which the court granted in full.

I tried, for example, applying the filter for «motion for summary judgment» and my search results were narrowed to cases in which there had been a grant or denial of summary judgment.

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 technology.

The District Court granted plaintiff «s summary judgment motion and found that plaintiff did not infringe Lumalier «s patents.

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.

However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff's notice was inadequate.

Due to this finding, the motion judge declined to consider the limitations issue and granted summary judgment in favour of Farmers and Muskoka.

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.

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.

[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.

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...

A summary judgment motion, if granted by a judge, removes a case from the province of the jury.

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 trial court agreed and granted the motion for summary judgment.

After more than two years of protracted and contentious litigation, Justice David Schmidt granted the defendants» motion for summary judgment finding that the plaintiff was unable to support her allegations with any evidence.

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

Even where examining the facts suggests that a motion for summary judgment might be in order, that calculus might look very different when one learns that the trial judge has granted only 18 percent of the summary judgment motions brought before him or her since 2010.