Sentences with phrase «judgment motion results»

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.

Not exact matches

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.

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.

I tried it out myself on a host of legal terms that came quickly to mind, and was able to get results for almost all of them («motion for summary judgment»; «interpleader»; «chattel).»

After a series of lower court decisions resulted in conflicting conclusions, the Appeals Court vacated a Superior Court judgment allowing the defendant's motion for summary judgment, concluding that the plaintiff was entitled to the benefit of the three - year limitation period of G.L. c. 84, § 15.

Through post-verdict motions, the Appellate Practice Group convinced the court that the releases were suspect, resulting in reduction of the judgment by $ 20 million instead of the $ 4 million reduction sought by the plaintiffs.

Either way, winning a motion for summary judgment will usually result in saved time and legal fees.

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

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.

* 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.

I tried, for example, applying the filter for «motion for summary judgment» and my search results were narrowed to cases in which there had been a grant or denial of summary judgment.

HathiTrust and related university defendants saw near - entire success in their summary judgment motions, failing only on a standing question not consequential to the result.

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.

Apple wanted to ensure that summary judgment could result in further narrowing with respect to the number of different patents - in - suit, presumably because it expects to be more successful with its summary judgment (SJ) motions than Samsung (which was the case last year).

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

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

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».

This resulted in an explosion of summary judgment motions and a wealth of Superior Court jurisprudence which, due to its conflicting nature, did little to assist in determining how the amended Rule was supposed to operate.

The resulting decision (s)(known to most as «Combined Air») provided, arguably, clarity to motion judges going forward and set out which types of cases are and are not suitable for summary judgment.

The result was that summary judgment motions were generally only brought in very straight forward cases where, at least in the opinion of one party, there was no genuine issue for trial.

Justice Bale found that the issue was whether the proposed summary judgment motion was likely to provide a «proportionate, more expeditious and less expensive means to achieve a just result than going to trial», citing the Supreme Court of Canada decision in Hyrniak v. Mauldin, 2014 SCC 7.

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.

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

For those of you who aren't familiar with the Ontario rules, a summary judgment motion is a motion brought by a party to obtain judgment without a trial on the basis that the result is so clear cut that a full trial is not necessary.

As a result, federal court judges have a stronger personal incentive to grant summary judgment than some of their state court counterparts.93 Finally, federal courts have more resources at their disposal than state courts and are therefore in a better position to invest the significant judicial resources often required to decide a motion for summary judgment.94

Our results show that more - readable summary judgment briefs were more likely to prevail, even after controlling for attorney experience, law firm resources, and repeat - player status before the motion judge.

Successfully argued a Daubert motion for a group of 12 defendants, resulting in exclusion of the plaintiff's expert and summary judgment for defendants.

Successful representation of major international bank in an action arising from the acquisition of an iconic major motion picture studio, resulting in summary judgment in favor of the bank in excess of $ 1 billion

The plaintiffs would have not only needed to have overcome these rulings but were faced with hard - hitting summary judgment motions that could have resulted in dismissal of the entire case.

Could the same result have been accomplished more simply, such as with a motion for adverse judgment?

As a result, the parties to a motion for summary judgment must put their best foot forward by placing all relevant evidence in the record.

The increasing use of summary judgment motions to decide straightforward wrongful dismissal actions has resulted in it now being commonplace for a court to grant judgment in a wrongful dismissal action before the expiration of the dismissed employee's reasonable notice period.

For personal injury lawyers we require proof of 3 cases that have gone to trial in the last 5 years resulting in verdict for that lawyer and we also require 2 motions for summary judgment ruled in favor of that attorney.

The benefit of the summary judgment motion is to obtain a result faster, and to avoid the time and expense of all of the procedural steps that are involved in a typical lawsuit.

As a result, the motion judge granted summary judgment in favour of L'Image Enterprises for the amount claimed with

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.

The central message of the Court of Appeal's decision is that the summary judgment motions court can not dispense with a trial unless it is «in the interests of justice» to do so: ``... the aim of the civil justice system is to provide a just result in disputed matters through a fair process.»

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.

Working with Katrina Trask and Erin Chesney, Macfarlane, who's director of the project, compared the results of summary judgment motions involving self - represented parties in both 2004 and 2014, the year in which the Supreme Court of Canada released its landmark decision in Hryniak v. Mauldin.

We have achieved successful results for clients at every phase of the class action litigation process in both trial and appellate courts, including obtaining dismissals of class action complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

In determining whether to grant the motion, the court will consider several factors including whether unfair prejudice will result if the court does not set aside the default judgment.

(1) If a supplemental petition or a motion for modification of time - sharing and parental responsibility is filed because a parent is activated, deployed, or temporarily assigned to military service and the parent's ability to comply with time - sharing is materially affected as a result, the court may not issue an order or modify or amend a previous judgment or order that changes time - sharing as it existed on the date the parent was activated, deployed, or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend time - sharing if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment