Sentences with phrase «judge on a summary judgment motion»

Years of litigation, an unpaid loan and fraud on the court all added up to more than $ 11 million awarded by a Gloucester County Circuit judge on a summary judgment motion.

Not exact matches

All parties have submitted motions for summary judgment, which means they are seeking to avoid a trial by asking Judge Dewayne Thomas to rule on the briefs submitted.

Yesterday, U.S. District Judge Timothy C. Batten Sr., ruling on Fastcase's motion for summary judgment, denied the motion and dismissed the lawsuit without prejudice, meaning that Fastcase is not barred from refiling the lawsuit in another court.

Plaintiffs and defendant all filed motions for summary judgment, and on Feb. 2, U.S. District Judge Tanya S. Chutkan issued a memorandum ruling in favor of plaintiffs and an order permanently barring Public.Resource.Org from posting any of the plaintiffs» standards.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

On a motion for summary judgment, the motions judge found Mr. Baig liable for fraudulent misrepresentation.

[49] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.

[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty as to whether it is appropriate for a motion judge to use the new powers conferred by the amended Rule 20 to decide an action on the basis of the evidence presented on a motion for summary judgment.

Microsoft also submitted Judge Posner's decision to the United States District Court for the Western District of Washington, where it has a summary judgment motion on Motorola's request for injunctive relief pending.

The Court held that the motion judge erred in allowing summary judgment on the negligence claim against the Pearlmans where there were issues of material fact whether Samantha knowingly permitted Thomas to operate her car in violation of a provision of G.L. c. 90 and whether that violation was causally related to the accident.

On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»

He went on to state that «how a summary judgment motion should be scheduled where case management does not exist or where the judges frequently circuit, I leave to other judges to consider and decide.»

[Note 3] Though noting that the affidavits submitted by the plaintiffs in opposition to summary judgment may have contained hearsay, the judge took no action on the defendants» motion to strike those affidavits.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

There's mention of an interesting discussion at SCOTUS blog on the decline in paid petitions for cert to the U.S. Supreme Court, whether judges accurately report facts in summary judgment motions (one way to tell is to read the dissents, according to the post) and an interesting study on pro se defendants who apparently perform fairly well in criminal proceedings.

The Appellant Dr. James objected to the procedure followed by the Motion Judge on the basis that the common issue question was devised by the motion judge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment mMotion Judge on the basis that the common issue question was devised by the motion judge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment moJudge on the basis that the common issue question was devised by the motion judge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment mmotion judge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment mojudge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment motionmotion.

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.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

[22] Rule 20.04 (2.1) is a statutory reversal of the case law that had held that a judge can not assess credibility, weigh evidence, or find facts on a motion for summary judgment.

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.

The judge hearing the summary judgment motion held that there was no genuine issue requiring a trial for the following reasons: (i) there was no evidence that anyone died on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died on the property or that the property may be haunted; (iii) there was no evidence as to how the purchaser could prove... Read More

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.

Our logit model showed that a moving party counsel's status as a repeat player before the motion judge correlated significantly with success on the summary judgment motion.117 However, when we also controlled for whether the non-moving party was a repeat player before the motion judge, the moving party correlation and the non-moving party correlation were no longer significant.

This expands the old summary judgment test so that a judge can now decide a case as long as he or she has enough information from the evidence filed on the motion (typically limited to written evidence) to have a full appreciation of the case.1

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.

Interns will have the opportunity to draft bench memoranda, judicial orders, and opinions on a variety of substantive matters, including motions to dismiss, motions for summary judgment, magistrate judge reports, and habeas corpus petitions.

Because attorneys file summary judgment motions in state and in federal courts, we also test whether there is a differential impact of readability on judges» decisions in these two sets of courts.

The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.

They can also analyze judges on motions practice by identifying the percentage of summary judgment motions a particular judge grants on average.

The Court of Appeal found that motion judge failed to assess the fairness of deciding this matter by way of summary judgment given the conflicting evidence and the fact that Rule 76.01 prohibited from cross-examining the plaintiffs on their affidavits.

On summary judgment, the motion judge found the teachers were wrongfully dismissed employees with indefinite terms and each was awarded pay in lieu of six months» notice.

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

Certainly, motor vehicle accidents continue to happen, but foisting onto motion judges the responsibility to determine summary judgment motions on the basis of assessing credibility on affidavit evidence, rather than viva voce testimony, does little to instill confidence in the minds of litigants that they have had their «day in court».

[2] Given the directions made by the Supreme Court of Canada on the issue of proportionality in summary judgment motions in its recent decision in Hryniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 SCC 7, in my view when a request is made in an action on the Toronto Region Commercial List for a summary judgment motion date, one judge should case manage the proceeding.

The District Court judge, on the defendant's motion, excluded the expert and granted summary judgment.

[28] Third, judges, who already face a significant responsibility addressing the increase in summary judgment motions that have flowed since Hryniak, are required to spend time hearing partial summary judgment motions and writing comprehensive reasons on an issue that does not dispose of the action.

The purpose of the new power to call oral evidence on a summary judgment motion is to assist the motions judge in making the determination as to whether any of the issues raised in the action require a trial for their fair resolution.

On a summary judgment or summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motioOn a summary judgment or summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motioon the merits of the issue (s) raised on the motioon the motion.

On a motion for summary judgment, the motion judge found that the teachers were wrongfully dismissed and awarded pay in lieu of the six months» notice that he found they should have received (2015 ONSC 15).

If on a motion for summary judgment, a judge can not dispose of the issues without a trial, it follows that a motion judge would be equally unable to determine, without the benefit of a trial, the issues to be decided on a SLAPP motion.

A pretrial version of hot tubbing has been added to the Ontario Rules: without prejudice meetings between opposing experts are now among the directions a judge can give where a trial is ordered on a summary judgment motion (Rule 20.05 (2)(k)-RRB-.

So, in the circle of life that is the Toronto motions culture, an Issues List developed at the suggestion of an experienced case management judge to avoid summary judgment motions and to secure an expedited trial of a dispute on its merits, now finds itself confined to the dustbin of «judicial nice tries», with the parties turning their backs on the proffered expedited trial date and hunkering down for summary judgment motions.

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

The motion judge dismissed the motion for summary judgment on the basis that the limitation period did not commence until February 2013, when the respondent received the diagnosis from Dr. Patel.

The motions judge dismissed the claim against one of the defendants on a motion for summary judgment, and subsequently ordered a focussed, hybrid trial to deal with the balance of the claims.

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.

Simply put, that error clouded the motion judge's understanding of the nature and complexity of the case he was being asked to resolve on summary judgment.

Where the evidence in the record establishes a clear conflict, it is incumbent on a summary judgment motion judge to consider expressly whether the powers provided under r. 20.04 (2.1) and 20.04 (2.2) are to be deployed in resolving the conflict.