Sentences with phrase «granting summary judgment because»

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.

(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.

Not exact matches

Ebert argued the earlier agreements were invalid because they amounted to restraint of trade but Superior Court Justice Frederick Myers granted summary judgment in favour of Mars Canada in November 2016.

«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.

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.

(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.

CONCLUSION For the reasons set forth above, and because no issue of material fact exists for determination by a jury, it is axiomatic that summary judgment for Defendant should be granted.

Ultimately, the trial court granted summary judgment in favor of the Bank because there was no evidence that Diaz ever provided medical clearance from a doctor that would allow her to return to work.

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.

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.

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.

Annis J. acknowledged the plaintiff's submissions that summary judgment is rarely granted in defamation matters because the requisite threshold for defamatory statements is a low one according to the Supreme Court of Canada in Cherneskey v. Armadale Publishers Ltd..

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.

868, 874 - 78 (N.D.N.Y. 1995)(granting summary judgment in favour of employer on employee defamation claim stemming from employer's investigation and subsequent reporting of employee's illegal conduct, and finding that the investigation was conducted in a «thorough and responsible manner» because it was initiated immediately following reports of wrongdoing, included interviews with all relevant parties and an extensive review of books and records, and was undertaken by a team including both inside and outside counsel).

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

Because our sample excluded motions seeking partial summary judgment and orders granting partial summary judgment, and because our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» ouBecause our sample excluded motions seeking partial summary judgment and orders granting partial summary judgment, and because our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» oubecause our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» outcomes.

The Richmond U.S. District Court grants a cafeteria summary judgment on plaintiff's slip and fall accident claim because she failed to show the floor mat on which she tripped was a dangerous condition at the time of her fall or...

Recently, an appellate court issued an opinion in a personal injury case finding that summary judgment should be granted because the plaintiff did not properly respond to the defendant's motion.

[39] I also accept that Siskinds» approach of requesting the Court to consider granting partial summary judgment was appropriate in the circumstances of this case because the issue of liability turned on a quite discrete issue of contractual interpretation.

«Because petitioners do not contend that respondent split the challenged charges with anyone else, summary judgment was properly granted in favor of respondent.

Because the relationship fell within the affiliated business relationship exception, the court granted summary judgment for Borders & Borders.

The trial court originally granted the representative's motion for summary judgment on the misrepresentation claims, finding that the purchaser could not have justifiably relied on the representative's statement because the purchaser was a sophisticated party, had inspected the property, and the title report did not mention beach access.

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.

Because the evidentiary material presented to the trial court establishes disputed material facts about the Sellers» and Broker's actual knowledge of the alleged defects in the residence, we reverse the order granting summary judgment.