Sentences with phrase «judgment motion in»

Dourada was successful on its summary judgment motion in obtaining judgment for arrears of rent and damages for Melfi's breach of its covenant pursuant to the agreement of purchase and sale to leave the premises empty and in «broom - swept condition».

In dismissing Healing Hands» summary judgment motion and allowing Dr. Simon's summary judgment motion in part, the motion judge stated that he was satisfied that the Clinic breached its business arrangement with Dr. Simon and because of the breakdown of their relationship, she left the practice.

To give an example, you can run a search to find all decisions where a plaintiff brought a summary judgment motion in a property damage case and won.

In ruling on a summary judgment motion in the 2006 bankruptcy court decision of In re Robinson, 346 B.R. 172 (Bankr.

Furthermore, in documents filed with the court by the appellant on a summary judgment motion in a related solicitor's negligence action, the appellant expressly acknowledged that he, rather than the trust, was the legal owner of the mortgaged property and that the relevant mortgage documents contained his personal covenant to repay the mortgage loan.

A March 22, 2018, denial of a defendant's summary judgment motion in the New York City Asbestos Litigation (NYCAL) signals a drastic lowering of the product identification standards in that venue (and a possible strategic adjustment necessary in future defendants litigating there).

Defeated a summary judgment motion in the Superior Court Business Litigation Session in a lawsuit involving equity distribution in a biotech start - up.

However, this principal may now be undermined given Ontario Court of Appeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Gristey,

The Supreme Court also expressly sanctions a party's use of a motion for directions to seek an order to stay or dismiss the summary judgment motion in circumstances where that motion is «premature or improper.»

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

The reason for the detailed analysis of summary judgment motions in Ontario largely stems from changes to the Rules of Civil Procedure in 2010 which were intended to make civil litigation more affordable and accessible following the Osborne Report.

Last month, Apple and Samsung brought a number of summary judgment motions in their first U.S. lawsuit.

(The court dismissed both summary judgment motions in other respects.)

It is not clear at this time how the Supreme Court's decision in these two cases will impact the use of summary judgment motions in the province.

Because attorneys file summary judgment motions in state and in federal courts, we also test whether there is a differential impact of readability on judges» decisions in these two sets of courts.

Motorola Mobility failed with summary judgment motions in a litigation in the Northern District of Illinois to prove this patent invalid or not infringed.

[2] Given the directions made by the Supreme Court of Canada on the issue of proportionality in summary judgment motions in its recent decision in Hryniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 SCC 7, in my view when a request is made in an action on the Toronto Region Commercial List for a summary judgment motion date, one judge should case manage the proceeding.

Most rescission cases, at least in Ontario, appear to be framed as summary judgment motions in the context of an action.

The reason for the detailed analysis of summary judgment motions in Ontario largely stems from changes to the Rules of Civil Procedure in 2010 which were intended to make civil litigation more affordable... [more]

The results of the Supreme Court's decisions on Thursday will have an impact on thousands of summary judgment motions in Ontario and other provinces with similar regimes.

Not exact matches

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.

«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.

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.

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.

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 saiIn 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 saiin which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

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.

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

When reminded that Kashamu had appealed to the Supreme Court against the judgment of the Court of Appeal, the source said, «It will not stop the extradition proceedings once everything needed to set it in motion is ready».

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».

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

Sex is mindfulness in motion and is most connected when we can be fully present, without judgment or commentary.

Even more disturbing, DOJ's motion, as explained in the November 2013 hearing, essentially foretells its attempt — through pre-award «back and forth» with the state on every single voucher — to regulate the program without any legal judgment against the state.

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).

On December 6, 2016, Treasurer Dan Schwartz motions the Eighth Judicial District Court to change its final judgment in Lopez v. Schwartz, which declared SB 302, the ESA voucher bill, unconstitutional in its entirety.

The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

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.

In its post-trial motion seeking a judgment of acquittal or a new trial, defendant Trans Union, LLC («Trans Union») challenges the jury verdict finding that it had negligently and willfully violated the Fair Credit Reporting Act, 15 U.S.C. § 1681i («FCRA»), when it failed to remove an erroneous collection account from -LSB-...]

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.

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.

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.

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.

In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first.

With no billable hours to measure, no depositions to observe, no summary judgment motion results to track, and no trial results to either celebrate or anguish over (and I know, the better lawyer often loses in court), pretty much all the evaluations are «soft» ones.

This is not a case where the standard of proof on a motion for summary judgment would be relaxed in the name of proportionality.

His memorandum in opposition to a defense motion for summary judgment was due at midnight.