Sentences with phrase «judgment motion judge»

Where the evidence in the record establishes a clear conflict, it is incumbent on a summary judgment motion judge to consider expressly whether the powers provided under r. 20.04 (2.1) and 20.04 (2.2) are to be deployed in resolving the conflict.

At issue in this particular appeal was whether the summary judgment motion judge erred by retroactively reducing the Husband's spousal support obligation and terminating it entirely, effective November 1, 2016.

Not exact matches

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.

Manhattan federal judge Valerie Caproni reserved judgment on Silver's motion, but signaled with doubting questions that Silver shouldn't expect a lifeline from her.

«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.

asked that judgment on its motion to dismiss should be reserved until its witnesses had been heard, Judge John T. Raulston ordered the argument to proceed.

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.

The Smiths» ran into some problems when their attorneys backed out of the case, and they filed no response to the judge's motion for a judgment.

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

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

Yesterday, U.S. District Judge Timothy C. Batten Sr., ruling on Fastcase's motion for summary judgment, denied the motion and dismissed the lawsuit without prejudice, meaning that Fastcase is not barred from refiling the lawsuit in another court.

Plaintiffs and defendant all filed motions for summary judgment, and on Feb. 2, U.S. District Judge Tanya S. Chutkan issued a memorandum ruling in favor of plaintiffs and an order permanently barring Public.Resource.Org from posting any of the plaintiffs» standards.

Arden Engineering filed a motion for summary judgment, which the trial level judge granted.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

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.

[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.

The Supreme Court of Canada recently clarified how motion judges should exercise their fact - finding and summary judgment powers under rule 20.04 (2.1) and (2.2) of the Rules of Civil Procedure.

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).

On a motion for summary judgment, the motions judge found Mr. Baig liable for fraudulent misrepresentation.

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.

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.

A motion to compel isn't a motion for summary judgment, and the judge doesn't need to know the minute details of the case to decide the motion.

[49] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.

A motion to compel can influence the judge's view of the facts in advance of a motion for summary judgment.

[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.

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.»

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.

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.

Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).

Microsoft also submitted Judge Posner's decision to the United States District Court for the Western District of Washington, where it has a summary judgment motion on Motorola's request for injunctive relief pending.

At the summary judgment motion, the judge found that the legality of the present use of the residential apartments was a valid objection and the vendor did not establish that the residential apartments were a legal non-conforming use.

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.

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.

The defendants then filed a JNOV motion asking the judge to award them a judgment notwithstanding the verdict, but the case settled before any ruling on that motion for a confidential amount.

Noting the «full trial has become largely illusory» and Combined Air sets the summary judgment bar «too high,» Hryniak instead emphasizes the powers to weigh evidence, evaluate credibility, and draw reasonable inferences at summary judgment are «presumptively» available to the motion judge.

On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»

He went on to state that «how a summary judgment motion should be scheduled where case management does not exist or where the judges frequently circuit, I leave to other judges to consider and decide.»

As a matter of practice, the Supreme Court indicates the judge hearing the motion for directions «should generally be seized of the summary judgment motion itself,» ensuring his or her acquired knowledge about the matter does not go to waste.

The first being an initial motion for directions from the judge, the second being the actual argument of the summary judgment motion and the third being a second hearing involving viva voce evidence, should the motions judge decide that oral evidence is necessary.

Answer: Judge Carton says your motion for summary judgment is GRANTED.

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.

As such, the Court of Appeal overturned the motion judge's discretionary stay of proceedings, stating «the court should grant its assistance in enforcing an outstanding judgment, not raise barriers.»

[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.»

As such, the Court of Appeal upheld the motion judge's holding that an Ontario court has the jurisdiction to enforce the Ecuadorian judgment against Chevron and Chevron Canada.

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

While recusing himself in Floyd v. Cosi, 14 - cv - 3772, Weinstein denied Cosi summary judgment but gave it permission to renew the motion before another judge, after discovery was conducted «under close supervision of the magistrate judge.»

Before Judge Koh can rule on Apple's injunction request, she will probably have to adjudicate Samsung's motion for judgment as a matter of law (JMOL).