Sentences with phrase «judgment motion if»
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.
http://www.legalwritingjournal.org/ 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;
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.
If you respond, your case can go to trial or the lender can seek a motion for summary judgment.
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.
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.
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.
If you still owe on the judgment, you can negotiate with your opponent's attorney to get an agreement that they will stand still after you pay the debt so that you can file a motion to dismiss the judgment.
If there are no alternative facts submitted by the defendant, the case will be decided at the motion for summary judgment stage.
What if I knew he typically does not grant summary judgment motions?»
This issue is best addressed on a fuller record or even after a trial on a motion for a judgment notwithstanding the verdict if that becomes necessary.
Judgments in areas of law under provincial jurisdiction might also be translated if they deal with principles similar to those applied in analogous areas of law in common law provinces, such as youth protection, labour law, or motions for leave to bring class actions.
For example, if somebody comes in with one day to go with a huge summary judgment motion or other big task, the answer is I'm sorry, had you only come in two weeks ago, I would've been glad to help you.
* The name of the case, the identity of the party we represent, and how to bill the time; * The issue that needs to be answered; * The facts of the case I think are most pertinent to the issue; * The procedural posture of the case and how the work product will be used — for a motion to compel, for a response to a motion for summary judgment, for an evaluation letter to the client, etc. * Whether I think the issue has been researched at any other time in the office, and how to find the old research; * The result I want to reach, i.e., what I'd like the answer to be, if possible.
A party now faced with the prospect of having to arbitrate a dispute may now have a realistic opportunity to avoid that process, if so desired, if there is any reasonable prospect of persuading the Court that the case may be more efficiently resolved by means of a summary judgment motion than an arbitration.
Much more recently, however, the Supreme Court of Canada decision in Hryniak v. Mauldin held that «a trial is not required if a summary judgment motion can achieve fair and just adjudication... and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial».
In certain circumstances, if it has been found that a judgment lien is impairing your homestead exemption, you may be able to file a motion with the bankruptcy court.
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.
«I think what [Corbett] is getting at there is if you're faced with a motion for summary judgment, put forward the evidence you would lead at trial if you have it available,» Rouben adds.
If plaintiffs are faced with a motion for summary judgment, they «must lead trumps or risk losing,» he said in Sweda Farms v. Egg Farmers of Ontario.
In Hryniak, the Supreme Court decided if a judge dismisses a motion for summary judgment, that same judge should preside over the trial in that case.
In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»
A summary judgment motion, if granted by a judge, removes a case from the province of the jury.
While the example above clearly has significant factual issues, either party in a negligence lawsuit can bring a motion for summary judgment if there are no issues of material fact or where it is clear that the other party can not prove one of the elements of negligence.
If an agreement can not be reached, the injured party who has a strong case may consider pursuing a motion for summary judgment.
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.
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
Cases were included in the sample if they contained one brief in support of a motion for summary judgment, one in opposition, and an order granting or denying the motion.
If one liable party is uncollectible, the court will, on a motion made within a year of judgment, reallocate his / her share to other parties.
If a Georgia appellate court holds that a lawyer, judge or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court's decision or order a new trial.
It appears as though the judge approached the motion as if it were a motion for summary judgment.
As shown above, if a plaintiff does not respond to a motion for summary judgment, it is likely that the case will be dismissed.
A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»
If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different).
If the witness can not testify to that effect, the defendant may file a motion for summary judgment.
However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.
In addition, to the extent the motion judge considers it advisable, if the motion for summary judgment is not granted but is successful in part, partial summary judgment may be ordered in that context.
If this principle is not followed, there is a very real possibility of a trial result that is inconsistent with the result of the summary judgment motion on essentially the same claim.
If you are drafting a complicated summary judgment motion, have your various entries reflect the progress being made on it.
If, in the court's opinion, scheduling the summary judgment motion would not be a prudent use of judicial resources, Judges should be prepared to refuse to schedule the motion.
In deciding if these powers should be used to weed out a claim as having no chance of success or be used to resolve all or part of an action, the motion judge must ask the following question: can the full appreciation of the evidence and issues that is required to make dispositive findings be achieved by way of summary judgment, or can this full appreciation only be achieved by way of a trial?
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 motion.
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.
Under current circumstances, this legislation, if enacted, will only create additional motions, at great expense to the parties, cause delay by virtue of the inevitable appeals from judgments dismissing alleged SLAPPs and further strain the limited resources of our court system.
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.
Please contact Gilbertson Davis LLP for an initial consultation to determine if your intended legal proceedings are suitable for a motion for summary judgment.
[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.
In his opinion, the evidentiary record was insufficient to determine if the franchise renewal agreement that AlarmForce demanded the franchisee to sign was materially different from its then - current standard form offered to franchisees, and that the franchisee failed to prove this point in the context of a summary judgment motion.
The best part of defense coverage is that it doesn't matter whether the suit or claim has any merit — coverage applies even if the suit is frivolous, ridiculous, or couldn't possibly survive a motion for summary judgment to dismiss.
Even if you get to file your summary judgment motion, that doesn't mean that the judge will actually rule in a timely fashion (thus saving the expense of preparing for an unnecessary trial) or that you'll win.