Sentences with phrase «judgment motion claiming»

The plaintiff brought a summary judgment motion claiming that his employment with Olympus was continued employed from Carsen, and that he was provided with no fresh consideration when signing the Olympus agreement.

Following his dismissal in 2015, Mr. Krishnamoorthy brought a summary judgment motion claiming that his employment agreement was void for lack of consideration and that he was entitled to common law reasonable notice.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

«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.

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.

In one case, Denenberg allegedly prepared a «fake order» in which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.

More recently, The Third Circuit, in a case from Pennsylvania, affirmed a school board's motion for summary judgment in response to a teacher's claim that officials violated her free speech rights for terminating her employment over comments she posted on her blog (Munroe v. Central Bucks School District, 2015).

Here's a closer look at the court's ruling on the district's and individual defendants» motion for summary judgment for Ms. I's claims.

(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.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

Our team has successfully used motions to dismiss and motions for summary judgment to resolve such claims under theories of sovereign and official immunity.

Defendants have claimed that they are going to file a motion for summary judgment right about... now - ish in court terms.

Some debtors may be able to file a motion to cancel the lien (Section 522 (f)-RRB- if the judgment impairs their ability to claim a homestead exemption.

Judgment is entered in favor of Defendants Microsoft Corporation, Electronic Arts Inc., Harmonix Music Systems, Inc., Majesco Entertainment Co., Ubisoft Inc., and Nintendo of America Inc.'s (collectively «Defendants») on Plaintiff Richard J. Baker's («Baker») claims for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 2017.

Patent litigation, including managing electronic discovery efforts, working with expert witnesses to draft invalidity and non-infringement reports, drafting claim construction briefs and motions for summary judgment, and pre-trial preparations.

Prior to trial, the DOT filed a motion for summary judgment claiming the agency was not responsible for the crash pursuant to the New Mexico Tort Claims Act.

In addition, the Court confirmed that a bonus entitlement claim can be decided on a summary judgment motion.

The Superior Court allowed defendant's motion to dismiss on the claims of negligent infliction of emotional distress and fraud, and later allowed defendant's motion for summary judgment on the claims of intentional infliction of emotional distress and battery.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

Both Freeman and the Harbor Schools filed motions for summary judgment, arguing that the three year statute of limitations on all claims had expired, as the claims accrued in the spring or summer of 1993 or at the latest in November 1993.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

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.).

Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA) against a pharmaceutical supply company's call center;

The plaintiff moved for summary judgment, but the action was dismissed when the defendant was successful on the motion in claiming that there was no tort for breach of privacy in Ontario.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

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 motion judge correctly ruled that, where there was no evidence that David Pearlman was in control of the vehicle at the time of the accident or that he gave his consent to Thomas» operation of the vehicle, he was entitled to summary judgment with respect to the negligence claim against him.

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.

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.

The defendants brought a summary judgment motion and argued that Ms. Brown's claim should be dismissed as the limitation period had expired.

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.

Experienced in all stages of litigation, from conducting discovery to trial and appeal, Gabrielle has an extensive background in drafting motions to dismiss, infringement and invalidity contentions, claim construction and summary judgment briefs, pre-trial and post-trial briefs, and appellate pleadings.

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.

In Appeals Court, defeated appeal from the Superior Court's allowance of our motion for judgment on the pleadings on plaintiff's malpractice claims against our attorney client

In a Rule 11 motion Hazel faced, opposing counsel claimed it was a violation of Rule 11 (a) for her to «ghostwrite» a summary judgment memorandum for a low - bono client.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

In the most recent case, a lawyer who appeared on the show had his claim against the CBC dismissed on a motion for summary judgment.

Memphis Light's motion for summary judgment was denied and a jury subsequently awarded Mosby - Mecheam $ 92,000 in compensatory damages for disability discrimination, but it denied her claims of pregnancy discrimination and retaliation.

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Drafted motion for summary judgment on behalf of a product manufacturer involving the economic loss doctrine and statute of limitations issues that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Marc has extensive litigation experience from jury selection; presenting opening statements; examining (direct and cross) fact and expert witnesses; giving closing arguments; conducting Markman hearings; successfully arguing preliminary injunction motions; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; coordinating large document productions; and negotiating settlement, licensing and acquisition agreements.

Eight of the named defendants brought a motion for a summary judgment to have the claims dismissed by reason of there being no cause of action against them.

Drafted motion for summary judgment on behalf of grocery store that resulted in voluntary dismissal of the plaintiff's claims against the store.

Successfully defended [1] against a summary judgment motion brought by Zuber and Company on a multi-million dollar personal injury claim.

Drafted motion for summary judgment for manufacturer in asbestos litigation that resulted in voluntary dismissal of the plaintiffs» claims against the manufacturer.

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 appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...

Successfully obtained summary judgment on securities fraud claims for defendant; Federal District Court denied plaintiffs» motion for class certification