Sentences with phrase «judgment motion for»

By Andrew Feldstein Afolabi v. Fala, 2014 ONSC 1713: This case addresses the issue of a summary judgment motion for the sale of the matrimonial home.

In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

A summary judgment motion for wrongful dismissal actions under the simplified rules is appropriate for very straight forward terminations without cause where the evidence is not in dispute.

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

In Calliste v. State Farm, the insurer brought a summary judgment motion for an order dismissing the plaintiff's claim for medical benefits and income replacement benefits.

Again, Justice Pollak cited Paramandham, where the court granted the Insurer's summary judgment motion for a dismissal of the action where the Plaintiff did not provide the evidence necessary to establish that he fell outside of the MIG.

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

The plaintiff had acknowledged «the certification and summary judgment motions for which costs are sought were factually and legally complex, important to the parties and... in the circumstances, they could reasonably expect to be required to pay a meaningful costs award to the defendants.»

In Toronto, summary judgment motions for 2 hours or longer are currently being booked over a year away (yes, a year).

The plaintiffs acknowledge that «the certification and summary judgment motions for which costs are sought were factually and legally complex, important to the parties and... in the circumstances, they could reasonably expect to be required to pay a meaningful costs award to the defendants.»

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;

Earlier this year the parliamentary Liberal Party was so concerned about Mr Abbott's poor judgment that 31 members voted for an empty chair to replace him in a spill motion.

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.

«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.

This is an actual quote from their opposition to Gawker's motion for summary judgment:

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.

A judge denied Gawker's motion for a new trial and a reduction of the $ 140 million privacy invasion judgment awarded to wrestler Hulk Hogan in March.

If you respond, your case can go to trial or the lender can seek a motion for summary judgment.

In August, federal judge Michael Ponsor denied his motion for dismissal, while reserving judgment on the merits.

The fact is that most chaotic motion is not, on limited average, utterly unlike regular or nearly regular behavior, and while this qualitative judgment is very difficult if not impossible to make into mathematically rigorous conclusions, its practical value as a perception is an important starting point for constructive results in the theory.

MSU probably files a motion for summary judgment, asking the Court to declare them the winner without trial.

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.

«Sheldon Silver respectfully moves for a judgment of acquittal on all counts of the superseding indictment,» reads the disgraced politician's last - ditch motion.

Botwin said the town will soon file a motion in State Supreme Court for summary judgment after discovering charges for ineligible FIT students.

But the defense team could not sustain that judgment, as EOCO filed an ex-parte motion the following day, April 24, 2018, and obtained another order from the same court for the accounts to be frozen again.

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».

«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.

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

At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.

Justice lawyers also filed their own 54 - page motion for summary judgment asking the court to rule in their favor.

After an appeals court temporarily lifted the freeze, the plaintiffs, two researchers who study adult stem cells, filed a «motion for summary judgment» with Lamberth.

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).

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.

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.

The district will immediately go to court to affirm the SRC's action, filing a motion for declaratory judgment with the Pennsylvania Department of Education as co-plaintiff.

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

As part of his defense - side civil practice, Mr. Hawkins has handled numerous motions to dismiss, pre - and post-trial motions for judgment as a matter of law, and oppositions to class certification.

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

If Ellora's Cave intends to keep up with the suit — responding to discovery, filing for protective motions, writing responsive briefs in reply to motions for summary judgment — it's almost certainly going to have to spend as much as Jane.

Lots of things have happened, like we moved to federal court, and then there was discovery (but maybe not all of it), and motions for summary judgment.

Here is EC's motion for summary judgment.

It granted the DOE's motion for summary judgment.

In the first case, there is a motion for summary judgment — this might come to an amicable end, itf the parties can compromise on terms of disclosure.

After expedited discovery, the court granted the issuer's motion for summary judgment in all respects, permitting the bond issuance to proceed.

Genworth filed a motion for summary judgment in the class action alleging that defendants misrepresented the role that Robert Brinker played in the management of the BJ Group Services portfolio.

• On August 13, 2009, the Administrator filed a motion for summary judgment to terminate Kathy Bauck's USDA license 41 - B - 0159 and disqualify her from «obtaining an Animal Welfare Act license for a period of no less than two years.»