Sentences with phrase «judgment motion based»

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

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.»

Although courts do not publish the number of summary judgment motions filed each year, we can estimate how frequently lawyers file summary judgment motions based on published studies.

Not exact matches

Sienkowski's motion to vacate the judgment and for a new trial based on this information was denied, leading to an appeal to the Court of Appeals of Indiana.

The mother filed a motion for summary judgment seeking an order that, among other things, the father pay child support based on the Child Support Guidelines, an order that the father pay his share of the child's section 7 expenses, and that the father settle unpaid child support (i.e. arrears).

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.

Whether it's a subpoena duces tecum, a motion for summary judgment, or a complaint — the very foundational document on which a civil lawsuit is based — law students don't get much hands - on

[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.

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

The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1) of the Health Professions Procedural Code, S.O. 1991 applied.

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.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

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.»

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.

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 mmotion judge 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.

The insured brought a motion for summary judgment on the basis that the malpractice claim was statute - barred.

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.

Oh, they also based their motion for summary judgment on the non-justiciability of plaintiff's claim — because there was no pending ethics action!

The defendant did not file a statement of defence, and this decision was based on a motion for default 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.»

The defendant insurer brought a summary judgment motion on the basis that the limitation period had expired.

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

Even after the reasons for judgment were released and the defendants brought a motion for a mistrial, they did not base it on the drowsiness of the trial judge, or even raise the issue.

To generate predicted probabilities, we held all variables at their means (or modal values if dichotomous) aside from the difference in readability score variable, which we varied from -4 to 4 based on the spectrum of our data.102 The results for the predicted probability that a moving party prevails on a motion for summary judgment based on a given readability score are presented in Figure 1 below.103

For those of you who aren't familiar with the Ontario rules, a summary judgment motion is a motion brought by a party to obtain judgment without a trial on the basis that the result is so clear cut that a full trial is not necessary.

Whether it's a subpoena duces tecum, a motion for summary judgment, or a complaint — the very foundational document on which a civil lawsuit is based — law students don't get much hands - on experience with litigation documents in traditional law school courses.

The difference in the predicted probability of success on a motion for summary judgment based on a brief's readability score is much less stark in our state court sample than in our federal court sample.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

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.

On this basis, having viewed the motion picture in question, I think the State acted within permissible limits in condemning the film, and would affirm the judgment of the Ohio Supreme Court.

In Hoskins v. Co-operators, the insurer brought a summary judgment motion seeking to dismiss the plaintiff's claim for post-104 income replacement benefits on the basis of section 281 (2) of the Insurance Act:

Argued motion successfully limiting claims based on Hazen Paper Co. v. Biggins and summary judgment motion that was eventually granted on all disparate treatment claims for the entire collective action.

The Court of Appeal determined both that the Motion Judge did not err in deciding the case by way of summary judgment, and that there was no basis to intervene in the decision itself.

Apart from a small correction to the partial summary judgment, the Court of Appeal finds no basis to interfere with the Motion Judge's decision.

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».

In cases that call for multiple findings of fact on the basis of conflicting evidence emanating from a number of witnesses and found in a voluminous record, a summary judgment motion can not serve as an adequate substitute for the trial process.

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.

Students will be assessed on the basis of two writing assignments, a Markman / claim construction brief and a summary judgment motion, and on an oral argument on their brief.

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.

Consistent with this, Williams brought its summary judgment motion solely on the basis that it could not be found to be vicariously liable for that correspondence.

The motions judge granted judgment dismissing part of the claim on the basis of a signed release.

Successfully defeating a preliminary injunction motion and obtaining summary judgment dismissing trade secrets claims against board members of a nonprofit library and archive who were sued in Colorado and Virginia by the Church of Scientology for copyright and trade secrets violations based upon posting of church materials to the Internet.

After certification of the class action, Maple Leaf brought a summary judgment motion seeking dismissal of certain claims on the basis that Maple Leaf owed no duty of care to the class.

In their notices of motion, the appellants stated that the motions were for «[s] ummary judgment dismissing this action as against the defendant physicians [and as against the Crown] on the basis there is no genuine issue requiring a trial as the action against them [and the Crown] is statute - barred» or, in the alternative, is «barred by the doctrine of laches».

[57][58] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanmotion practice such as motions to dismiss, attorney fee shifting can only be awarded under FRCP Rule 11 and it requires that the opposing party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanMotion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.

The summary judgment motion was argued based on a paper record without any oral evidence being adduced.

«In May 2007, mother unilaterally terminated access and father had not had access since that time — Father brought motion to vary order to give him sole custody with no access to mother based on parental alienation, and finding was made that mother alienated M from father — Issue arose as to whether judgment could be released to public — As full names of parties and child were not referred to in judgment, judgment could be released to public.»

270 A.D. 2d 489, 705 N.Y.S. 2d 281), that it can not be said that the Supreme Court's determination [to grant father's motion to change the custody provisions of the parties» judgment of divorce from joint custody to sole custody in his favor] lacked a sound and substantial basis (see Eschbach v. Eschbach, supra).»

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission