Sentences with phrase «judgment motions court»

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.»

Not exact matches

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.

«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.

MSU probably files a motion for summary judgment, asking the Court to declare them the winner without trial.

The motion brought before the court by Sheriff, requesting it to disqualify the other faction from appealing the judgment of the Appeal Court was heard and argued, but the court asked the counsels to submit written arguments before the next date of heacourt by Sheriff, requesting it to disqualify the other faction from appealing the judgment of the Appeal Court was heard and argued, but the court asked the counsels to submit written arguments before the next date of heaCourt was heard and argued, but the court asked the counsels to submit written arguments before the next date of heacourt asked the counsels to submit written arguments before the next date of hearing.

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.

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

But the defense team could not sustain that judgment, as EOCO filed an ex-parte motion the following day, April 24, 2018, and obtained another order from the same court for the accounts to be frozen again.

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».

Jolted by the action, the EFCC returned to the court through a motion asking for the stay of execution of the judgment.

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

After an appeals court temporarily lifted the freeze, the plaintiffs, two researchers who study adult stem cells, filed a «motion for summary judgment» with Lamberth.

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.

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.

(d) Intentional infliction of emotional distress The court granted the district's motion but denied the individual defendants» motion for summary judgment for this claim because of the boundaries of the state's governmental immunity legislation.

(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.

The district will immediately go to court to affirm the SRC's action, filing a motion for declaratory judgment with the Pennsylvania Department of Education as co-plaintiff.

Defendants have claimed that they are going to file a motion for summary judgment right about... now - ish in court terms.

Lots of things have happened, like we moved to federal court, and then there was discovery (but maybe not all of it), and motions for summary judgment.

A motion to vacate is essentially an appeal of the judgment entered by the court.

As an existing judgment reaches its expiration date, the person or business owed may renew the judgment by filing a motion with the court.

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.

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.

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.

Sienkowski's motion to vacate the judgment and for a new trial based on this information was denied, leading to an appeal to the Court of Appeals of Indiana.

The motion alleges that there is no genuine dispute as to any material fact and asks the U.S. District Court in Atlanta to enter a judgment declaring that Casemaker has no -LSB-...]

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.

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.

A motion filed jointly on Friday by the Barreau du Québec and the Montreal Bar, asking the Superior Court of Quebec to issue a declaratory judgment that all of the province's laws, regulations and decrees are illegal because they were drafted and adopted in French only, has stunned politicians, lawyers and legal pundits the province.

The district court granted FedEx's summary judgment motion.

The lower court granted the summary judgment motion.

In considering a motion to set to aside default judgment, the Court must consider the following factors: (1) whether the motion to set aside the default judgment was brought without delay after the moving party learned of the default judgment; (2) whether the circumstances giving rise to the default judgment have been adequately explained; and (3) whether the moving party has an... Read More

Lightfoot appealed both the new trial order and the trial court's denial of its motions for judgment as a matter of law.

Post-trial motion work to ensure relevant issues and documents are included in the official record of the trial court, including motions for new trial and motion for judgment notwithstanding the verdict

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, 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, 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, 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.

In addition, the Court confirmed that a bonus entitlement claim can be decided on a summary judgment motion.

The Superior Court allowed defendant's motion to dismiss on the claims of negligent infliction of emotional distress and fraud, and later allowed defendant's motion for summary judgment on the claims of intentional infliction of emotional distress and battery.

The Ontario Superior Court of Justice in Busseri v. Doe, 2014 ONSC 819, dealt with the defendant's motion to set aside default judgment against him in an internet defamation case.

In this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representatives.

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.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

[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.

After filing the second case, the family asked the court to grant a motion for partial summary judgment against State Farm.

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.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

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.