Sentences with phrase «judge granted summary judgment»

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

As a result, the motion judge granted summary judgment in favour of L'Image Enterprises for the amount claimed with

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 motion judge granted summary judgment in favour of Teva, but this was reversed on appeal.

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.»

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

A Motion Judge grants summary judgment dismissing the Appellant's action as against the Respondents (County of Simcoe Paramedic Services, Paramedic J. Doe, nine doctors, and Barrie Medical Clinics Inc.).

The Chambers Judge grants summary judgment in favour of the Respondent and the Appellant appeals to the Court of Appeal.

Not exact matches

Judge Wilken would have only granted summary judgment if the NCAA had satisfied a high threshold.

Judge Elaine Slobod, of Orange County Supreme Court in upstate New York, granted partial summary judgment March 12 for Wah - chung Hsu, who once lived in the hamlet of Highland Mills, saying in court documents that Wyckoff was in breach of contract when it did not pay him severance after firing him.

A state judge said she won't grant summary judgment to New York State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald Trump.

Judges rarely grant summary judgments, and Palm Beach Puppies» lawyers believed they had strong arguments to back their claims.

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.

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

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.

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

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.

In doing so, he said he felt comfortable falling in line with one judicial line of thought that says judges can make findings of fact in order to grant summary judgment.

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.

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.»

In Debra's last case, her judge tried to pull a fast one and granted summary judgment to the company suing her.

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.

U.S. District Court Judge Richard Sullivan has granted summary judgment in favor of Capitol Records in its infringement suit against online digital music reseller ReDigi, which bills itself as «The World's First Pre-Owned Digital Marketplace.»

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

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.

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.).

The trial judge ruled that Coote's expert was inadequate and granted summary judgment in favor of Dr. Miller and Midwest Orthopaedics Consultants.

In his decision to grant summary judgment in favour of the Claimants, in the above named conjoined matters, Mr Justice Eder leaves no room for doubt that judges in England take pre trial conduct very seriously indeed and will regard a «snub» by foreign parties, even public authorities, as a direct offence to the authority of the English court.

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 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.

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.»

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.

How often does the judge grant partial or complete dismissals or summary judgments early - on?

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.

Although he did not grant summary judgment, the Judge concluded that the case did not require a full Trial, and used the new summary judgment tools to tailor a «Summary Trial&summary judgment, the Judge concluded that the case did not require a full Trial, and used the new summary judgment tools to tailor a «Summary Trial&summary judgment tools to tailor a «Summary Trial&Summary Trial».

The Judge concluded that he could not grant summary judgment.

The trial judge granted the Montecuccos summary judgment for that portion of the land which was marked by the fence (and typography) above the steep embankment running easterly from the bulkhead away from Eld Inlet.

If sample size is not masking a significant correlation, the greater readability advantage in federal courts may be explained by the factors that depress the summary judgment success rate in state courts: more restrictive state summary judgment standards, the lack of state court resources compared with those in federal court, and state court judges» relative reluctance to grant summary judgment.111 Although greater readability could still influence the outcomes in some state cases, which would be consistent with the slight readability advantage in our sample, on the whole the anti-summary-judgment factors would reduce the potential readability effect on summary judgment outcome.

Accordingly, the judge granted the motion for summary judgment on the issue of punitive damages and left the plaintiff's negligence claim as the sole remaining issue for trial.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

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»).

As a result, federal court judges have a stronger personal incentive to grant summary judgment than some of their state court counterparts.93 Finally, federal courts have more resources at their disposal than state courts and are therefore in a better position to invest the significant judicial resources often required to decide a motion for summary judgment.94

In Dunbar v. State Farm, a federal judge in Oklahoma granted summary judgment to State Farm in what was really a silly bad faith case.

Cecil's study provides four categories of summary judgment outcomes: grant in full, grant in part, deny, and «other,» meaning that no action was taken or the district judge accepted the magistrate judge's report and recommendation without indicating whether the motion was granted or denied.

(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.»)

In its order granting Interstate's motion for summary judgment, the trial judge agreed.