Sentences with phrase «judgment motion which»

Not exact matches

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 said.

At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.

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.

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.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

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.

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which it signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

Often people do a motion for judgment notwithstanding the verdict, which states that the person put the appeal on hold.

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.

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.

Whether it's a subpoena duces tecum, a motion for summary judgment, or a complaint — the very foundational document on which a civil lawsuit is based — law students don't get much hands - on

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.).

At the motion for summary judgment, the plaintiff had filed a letter from a third party dentist, which noted that the defendant dentists did not meet the standard of care.

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.

Any insight gained from the summary judgment motion can be used to manage a trial to resolve the case in a manner which could help focus a trial on the complexities and importance of the case.

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.

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.

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).

Appellant, Heather Reffaie, challenges the trial court's final judgment, which found her eighty percent comparatively negligent for her slip and fall at a Wal - Mart store, and the trial court's denial of her motion for new trial.

In the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or not.

This practice, which was also suggested in Combined Air, is put forward by the Supreme Court as being appropriate for challenging «lengthy, complex motions» for summary judgment that would «not sufficiently advance the litigation or serve the principles of proportionality, timeliness and affordability.»

Defendants filed a motion for summary judgment which the court granted in full.

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.

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.

The plaintiff had acknowledged «the certification and summary judgment motions for which costs are sought were factually and legally complex, important to the parties and... in the circumstances, they could reasonably expect to be required to pay a meaningful costs award to the defendants.»

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.

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).

[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.

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.

Determining whether words convey a defamatory meaning is a question of law according to the Ontario Court of Appeal in Color Your World Corp. v. Canadian Broadcasting Corp., which would therefore be appropriate for a summary judgment motion.

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.

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.

The court, upon the defendant's motion, directed a verdict for him, which was returned, and judgment rendered thereon.

The process for splitting the case involves a motion for summary judgment under s. 16 of the Family Law Rules and there are additional requirements which must be met.

Mr. Pierson is running the case for Cohen Milstein and in 2015 took the lead for the direct purchaser plaintiffs in arguing against the defendants» summary judgment motions (which were denied by the Court for four of the five defendants).

Judge Taft - Carter's decision denying Crane Co.'s motion for summary judgment is notable as the first instance in which a Rhode Island court has addressed the scope of duty an employer owes for «secondary» or «take - home» exposures.

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

Whether it's a subpoena duces tecum, a motion for summary judgment, or a complaint — the very foundational document on which a civil lawsuit is based — law students don't get much hands - on experience with litigation documents in traditional law school courses.

Won a motion for judgment at trial in which a client in an automobile negligence claim had been involved in a three - car accident, in which the client's car was sandwiched between two other drivers» vehicles.

Although the Defendant agreed that a summary judgment motion was an appropriate means by which to resolve the determination of the period of reasonable notice, it submitted that any such motion should not have been brought until the end of the notice period being claimed by Mr. Markoulakis.

First - year litigators attend regular classes on topics like «how to do doc review, make privilege calls and draft summary judgment motions,» which all gear up to a third - year trial skills workshop.

(Part 1: The Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally with several state court judges, I realized that they are reluctant to grant summary judgment motions except in cases in which the claims are almost to the point of being frivolous.»)

The Ninth Circuit reversed the published decision of the district court, which had denied insurer's motion for summary judgment, holding that a defect that is not apparent upon reasonable inspection, but only comes to light after an intensive post-failure expert examination, is a latent defect within insurance policy's latent defect exclusion.

Defendants filed a motion for summary judgment / summary adjudication, seeking adjudication of 44 issues, most of which were not proper subjects of adjudication.

The wife brought a motion to change seeking to extend spousal support beyond that date, which was dismissed by way of summary judgment.

It varies from case to case depending on whether the parties attempt to resolve the case through negotiation or mediation, on whether the employer files a motion for summary judgment, and on the court in which the case is filed.