Sentences with phrase «judgment motion rule»

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;

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.

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.

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

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.

A strategic decision to counter a Rule 21 motion would be to bring a Rule 20 cross motion for summary judgment.

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.

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.

Duty Room Handles various matters including motions for default judgment, decisions concerning applications for warrants to search, applications by the Clerk to strike improper or incomplete pleadings, motions to dismiss filed by the prosecutor pursuant to Criminal Rule 48, cognovit notes, motions to excuse jurors, probable cause hearings, and performing civil wedding ceremonies.

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.

Another example is a motion for summary judgment, which asks the court to rule in the requester's favor because essential facts are no longer in dispute (perhaps because of what has been learned in discovery), making a jury's decision unnecessary on some — or all — points.

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

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.

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.

Ruling in Harris v. Leikin Group, Justice David Brown considered the cost motion of one of the defendants, First Capital Realty Inc., following its successful bid for summary judgment.

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

[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.

[2] The appellant brought a motion for summary judgment under s. 16 of the Family Law Rules.

An earlier ruling on defendants» motion for judgment on the pleadings is available here.

In a motion for summary judgment, Public Citizen argued that Louisiana's rules mirrored many of the New York rules which had successfully been challenged.

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.

The same three Justices [20] that dissented to the judicial recusal rule changes rejected the Panel's recommendation to grant Justice Gableman's summary judgment motion and to dismiss the case.

Successfully defended plaintiff's motion seeking a preliminary injunction and obtained summary judgment ruling of non-infringement.

The district court granted IPT's summary judgment motion and ruled that it did not infringe Lumalier's patents.

Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied.

In this case, the manufacturer's summary judgment motion had asked the court not to consider it until after it ruled on the request to exclude.

Rule 4.2 contains provisions pertaining to motions after judgment.

The court determined that it was able to make a «fair and just» determination of the merits of the motion for summary judgment, exercising the powers afforded to it under Rule 16 of the Family Law Rules.

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.

There is no shortage of rhetoric in the Supreme Court of Canada's recent decision on the scope and interpretation of amendments to Ontario's Rule 20 governing motions for summary judgment.

In addition to the change in approach signalled by these rulings, the courts have recently leaned toward the use of summary judgment motions, which in Toronto must be heard within 100 days of counsel's attendance at Civil Practice Court, formerly called Motion Scheduling Court.

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).

In a Rule 11 motion Hazel faced, opposing counsel claimed it was a violation of Rule 11 (a) for her to «ghostwrite» a summary judgment memorandum for a low - bono client.

(2) The judge on a motion under subrule (1) may dismiss the motion, amend the judgment or direct that a motion for a re-hearing be made to the Court in accordance with Rule 76.

Update 4:35 p.m.: In a ruling today, Federal Court Justice Russel Zinn held in Apotex Inc. v. Pfizer Ireland Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's patent on Viagra, Canadian Patent No. 2,163,466 invalid.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed «directly» to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial.

In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks» pay ($ 56,000.00), overturning the ruling of the Motion Judge at summary judgment.

On cross motions for summary judgment, the district court ruled in favor of the plaintiff.

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

This 1992 case has definitely walked down it, but at the ned of the day, the plaintiffs and their counsel were singing the Pink Floyd anthem «Another Brick in the Wall» after consistently banging their collective heads against a popular procedural wall — Northern District of Illinois Local Rule 12 governing the briefing and submission of summary judgment motions.

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

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.

Prior to the Rule change, judges hearing summary judgment motions were not allowed to assess credibility, weigh evidence, or draw inferences of fact.

[22] Rule 20.04 (2.1) is a statutory reversal of the case law that had held that a judge can not assess credibility, weigh evidence, or find facts on a motion for summary judgment.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

The trial court ultimately ruled that the misdiagnosis claim did fall within the statute of limitations period and denied the defendant's motion for summary judgment with respect to this claim.