Sentences with phrase «judgment on causation»

Not exact matches

On their motion for summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.

The client will get an automatic judgment against you on negligence (though he or she will still have to prove causation, i.e., that the claim would have been successful if timely filed.)

[Expert evidence was required on causation in a legal malpractice case at summary judgment proceeding.]

The Court further concluded that the plaintiffs had presented sufficient evidence to prevail against Crane Co.'s motion for summary judgment on the issue of causation.

The Court stated, the «issue of proximate causation is usually a question for the trier of fact that can not be determined on summary judgment» and found that the plaintiffs had provided sufficient evidence of product identification, regular and frequent use, and proximate exposure to asbestos.

We routinely take on Daubert and Frye expert challenges and summary judgments on medical causation.

D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an expert witness on the issue of medical causation before an April 17, 2013 deadline required that the case be thrown out.

Procedurally, the determination that collateral estoppel applies would usually be made on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining causation and damages, rather than as an evidentiary matter.

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.