Sentences with phrase «judgment motion by»

First Capital wasn't entitled to costs for participating in four unsuccessful summary judgment motions by the other defendants.

Not exact matches

If any other matters are properly presented for consideration at the 2018 Annual Meeting, including, among other things, consideration of a motion to adjourn the 2018 Annual Meeting to another time or place, the persons named as proxy holders, Elon Musk, Deepak Ahuja and Todd Maron, or any of them, will have discretion to vote the proxies held by them on those matters in accordance with their best judgment.

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

On their motion for summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.

The motion brought before the court by Sheriff, requesting it to disqualify the other faction from appealing the judgment of the Appeal Court was heard and argued, but the court asked the counsels to submit written arguments before the next date of hearing.

At the time plaintiff filed the motion for default judgment in default of defence, the defendants had not been served with any Statement of Claim as required under the Rules of Court in support of the amended Writ of Summons to which they could respond by way of a statement of defence.

The Speaker and Deputy Speaker have been subject to the judgment of the House by substantive motion on a number of occasions as shown in the following table.

He said that notwithstanding that «the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba (of the Federal High Court in Abuja) delivered last week in the case of Senator Ovie Omo - Agege v The Senate has not been heard and determined by the Federal High Court, the Senate resolved yesterday to comply with the terms of the judgment».

Jolted by the action, the EFCC returned to the court through a motion asking for the stay of execution of the judgment.

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.

A motion to vacate is essentially an appeal of the judgment entered by the court.

As an existing judgment reaches its expiration date, the person or business owed may renew the judgment by filing a motion with the court.

Although judgment liens that impair an exemption can usually be avoided (removed) by motion in a bankruptcy case, Courts are split as to whether a deficiency judgment that results in a lien on real estate can be removed through bankruptcy.

If there are no alternative facts submitted by the defendant, the case will be decided at the motion for summary judgment stage.

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

A motion filed jointly on Friday by the Barreau du Québec and the Montreal Bar, asking the Superior Court of Quebec to issue a declaratory judgment that all of the province's laws, regulations and decrees are illegal because they were drafted and adopted in French only, has stunned politicians, lawyers and legal pundits the province.

The Divisional Court found the Motion Judge was correct in dealing with the matter by way of summary judgment because the facts were not in dispute.

Duty Room Handles various matters including motions for default judgment, decisions concerning applications for warrants to search, applications by the Clerk to strike improper or incomplete pleadings, motions to dismiss filed by the prosecutor pursuant to Criminal Rule 48, cognovit notes, motions to excuse jurors, probable cause hearings, and performing civil wedding ceremonies.

[4] In the reasons for judgment of the Court of Appeal, Justice Hourigan agreed with the motions judge that the «occurrence» causing property damage in this case was the scratching of the windows caused by the contractor's employees and not the presence of airborne cement debris.

Through post-verdict motions, the Appellate Practice Group convinced the court that the releases were suspect, resulting in reduction of the judgment by $ 20 million instead of the $ 4 million reduction sought by the plaintiffs.

Summary judgment motions can be filed by either a plaintiff or defendant.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

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.).

Acting on behalf of the defendant by counterclaim's subrogating insurance company, Justin Anisman sucesfully dismissed the Allianze's counterclaim on summary judgment motion.

We have also obtained countless defense verdicts for our clients by winning motions for summary judgment and other dispositive motions.

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.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

The decision replaces the previous decision by the Ontario Court of Appeal in Combined Air Mechanical Services Inc. v. Flesch, a special five - judge panel to hear five appeals over Rule 20 which then created a «full appreciation test» for summary judgment motions.

[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.

(a) a short form order dated April 23, 2003, issued and signed by the Honorable M. Ritholtz, granting Mr. Kaufman's motion for a default judgment and referring the issue of damages to an inquest, (b) the defendant's order to show cause, signed by the Honorable M. Ritholtz on September 12, 2003, seeking to set aside the default judgment, accompanied by defense counsel's signed affirmation and the defendant's signed, but not notarized, affidavit, (c) the respondent's affirmation in opposition to the defendant's order to show cause, dated October 8, 2003, (d) a preliminary conference stipulation and order dated March 17, 2004, signed by the respondent and defense counsel, and (e) a notice of compliance / settlement conference scheduled for October 21, 2004, before the Honorable M. Ritholtz.

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.»

First Capital's costs would violate the principle of proportionality because they'd amount to more than 50 per cent of the substantial indemnity costs of $ 709,000 incurred by the plaintiffs in defending all five summary judgment motions.

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 Superior Court allowed the defendant insurer's motion for summary judgment on the ground that plaintiff was covered only by her husband's policy in this case.

Apple's winning streak continues for now: after (finally) obtaining a preliminary injunction against the Galaxy Tab 10.1 and winning by a wide margin a battle over a long list of expert reports, Apple has just been cleared of infringement of one of the three Samsung patents it was attacking in its very focused summary judgment motions.

As a young lawyer or intern, most attorneys will judge your lawyerly skills not by reading your appellate briefs or summary judgment motions — but by reading your emails.

Con Edison filed a motion for summary judgment, arguing that Con Edison was not liable for the explosion because it was caused by the ignition of gas leaking from a cracked flex hose connected to the stove in the Al Ghaithi family's apartment.

That test prevented a judge considering a summary judgment motion from exercising newly conferred powers in Rule 20.04 (2.1) of the Rules of Civil Procedure to weigh evidence, evaluate credibility, and draw reasonable inferences unless he or she was satisfied a full appreciation of the evidence and issues could be achieved by way of summary judgment.

This practice, which was also suggested in Combined Air, is put forward by the Supreme Court as being appropriate for challenging «lengthy, complex motions» for summary judgment that would «not sufficiently advance the litigation or serve the principles of proportionality, timeliness and affordability.»

While the Supreme Court is right to recognize the traditional balance struck by extensive pretrial process and the conventional trial «needs to be re-adjusted,» it is arguable by alluding to motions for directions and sanctioning motions to stay or dismiss improper summary judgment motions, the more immediate re-adjustment brought about by Hryniak will be an increased number of motions in the run - up to summary judgment.

Maybe the cases cited by opposing counsel are procedurally distinguishable: motion to dismiss vs. summary judgment.

The court explained that a judge presiding over a summary judgment motion must consider the evidence presented and arguments made by counsel, but nothing else.

[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.»

The recent Ontario Superior Court of Justice decision in 2337310 Ontario Inc. v. 2264145 Ontario Inc., 2014 ONSC 4370, addressed a partial summary judgment motion brought by the franchisee of a cafe seeking a declaration that it was entitled to exercise its right of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 («the Act»).

In addition to the change in approach signalled by these rulings, the courts have recently leaned toward the use of summary judgment motions, which in Toronto must be heard within 100 days of counsel's attendance at Civil Practice Court, formerly called Motion Scheduling Court.

The court concluded that taking those two factors into account, as well as the fact that the plaintiff would not be unfairly prejudiced by the reversal of the motion, the court held that default judgment should have been set aside.

But I think that to sue someone for simply writing something would be fairly easily dismissed through a motion for summary judgment by a competent attorney in the event you got sued.

January 11 — Quebec — Quebec v. Guérin Health law: Quebec's AG is applying for leave to appeal the judgment of the Court of Appeal in October that dismissed the appeal from a Superior Court judgment allowing the motion for judicial review brought by the respondent, Dr. Ronald Guérin.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed «directly» to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial.