Sentences with phrase «material fact issues»

The trial court ruled that the statute of limitations had run out, but the appellate court ruled there were material fact issues regarding whether or not the plaintiff either knew, or should have known, that he had a cause of action for the injuries he suffered due to asbestos exposure.

Before a summary judgment will be granted, all doubts regarding the existence of a material fact issue — the defendant has what is essentially the job of conclusively showing the judge that they have a right to what they're asking to have.

Not exact matches

So common in fact is this process, that the NRC has deputized Texas to issue licenses to buy radioactive materials without federal review.

Given the absence of a public trading market of our common stock, and in accordance with the American Institute of Certified Public Accountants Accounting and Valuation Guide, Valuation of Privately - Held Company Equity Securities Issued as Compensation, our board of directors exercised reasonable judgment and considered numerous and subjective factors to determine the best estimate of fair value of our common stock, including independent third - party valuations of our common stock; the prices at which we sold shares of our convertible preferred stock to outside investors in arms - length transactions; the rights, preferences, and privileges of our convertible preferred stock relative to those of our common stock; our operating results, financial position, and capital resources; current business conditions and projections; the lack of marketability of our common stock; the hiring of key personnel and the experience of our management; the introduction of new products; our stage of development and material risks related to our business; the fact that the option grants involve illiquid securities in a private company; the likelihood of achieving a liquidity event, such as an initial public offering or a sale of our company given the prevailing market conditions and the nature and history of our business; industry trends and competitive environment; trends in consumer spending, including consumer confidence; and overall economic indicators, including gross domestic product, employment, inflation and interest rates, and the general economic outlook.

September 2011 — The Army issues guidelines for Walter Reed Medical Center stipulating that «No religious items (i.e. Bibles, reading materials and / or facts) are allowed to be given away or used during a visit.»

The NCAA needed to convince the judge that no genuine and disputed issues of material fact remain, and when viewing the evidence most favorably to the players, that the NCAA would be clearly entitled to prevail as a matter of law.

Fact: Stone has told you the press doesn't like the issues and he's given you loads of smear material.

As an illustration, leishmaniases and other tropical diseases are often neglected due to the fact that the afflicted countries may not have adequate material or nonmaterial assets to support crucial scientific investigations, while researchers and funding agencies in the developed countries rarely feel the urgency to collaborate on such issues.

Nevertheless, although you can make it known that you are a university researcher, you should avoid overtly advertising that fact on any of your consultancy's official promotional material, such as brochures and Web sites, to prevent any trademark issues.

In fact, a study published in a 2010 issue of the Journal of Experimental Psychology found that a wide variety of material and delivery methods resulted in an 11 percent bump in efficiency over traditional classroom - based methods.

Please include the docket number of this Emergency Order in your petition, and state the material facts at issue which you believe disputes the existence of an imminent hazard and must include all evidence and exhibits to be considered.

Interestingly, it seems that only men are having serious issues with the fact that women write and read more adult - themed material in the mainstream.

The specific issue relates to the screen and the fact that the material that the screen is made out of, is in my opinion not strong enough.

But besides that, the fact it chose a racy «mature readers» comic series for such a mainstream venue is emboldening for fans and creators wanting to create material talking about adult issues.

(Even DC's brave roll - back of their prices to a more inviting $ 2.99 doesn't change that fact, and since most of the savings seem to have been cut not from printing pages, but from paying creators to generate original pages, as every DC issue out this month has the same filler promo material in the back, the victory of «holding the line» feels a bit hollow to this DC fan.)

Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law.

The right of a purchaser of a new issue to rescind the purchase contract within the applicable time limits if the prospectus contained an untrue statement or omitted a material fact.

How are social issues, educational material, or real life scientific fact being used in video games?

Her sculptures specifically reference issues of gender through her choice of materials, which texturally look fragile, but are in fact strong, rigid objects.

TGICA oversees a Data Distribution Centre (DDC) which provides data sets, scenarios of climate change and other environmental and socio - economic conditions, and other materials (e.g. technical guidelines on the use of scenarios and fact sheets offering clarifying explanations / concise guidance on topical issues).

-- Silicon as a raw material might be abundant, but not all elements used in PVs are (the required heavy metals / rare earth elements are getting increasingly scarce in fact and raise all sorts of ethical and environmental issues!)

And the fact that private companies should not be disposing of this kind of material without serious government regulations (Mother Jones reports that the licenses for WSC «don't need detailed approval from federal nuclear regulators because the dump wouldn't handle the highest grades of radioactive waste») is only part of the issue.

Second, even if the plaintiff has met its burden of production, genuine issues of material fact remain for the jury to decide.

This fact underlies my work as an expert, focusing on two aspects of numbers: first, that they are appropriate to the situation, and second — a hobbyhorse of mine — ensuring that advice about financial risk has an array of numbers attached so that the recipient can appreciate the risk (and can focus their attention on the material issues).

The fact that a judge attributes copied material to the author tells us nothing about whether she put her mind to the issues addressed in that copying.

Rather, everyone understands that such practices are de rigueur because the senior folks are simply way too busy handling other senior - level tasks to undertake the very time - consuming process of researching all of the relevant facts and legal issues pertinent to a judicial opinion, legal brief, or law journal article, and crafting all that raw material into persuasive prose.

The SJC rejected plaintiff's contention that a genuine issue of material fact exists concerning whether the BHA's various verbal assurances to her mother about the condition of the leased premises were the kind of «explicit and specific assurances of safety or assistance» contemplated under G.L. c. 258, § 10 (j)(1).

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

The state Supreme Court vacated the judgment of the superior court, holding that the plaintiff's expert's affidavit, combined with the documents that were available to the hearing justice, raised a material issue of fact as to whether Arden Engineering was responsible for Limoges's injury.

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

Limoges appealed, arguing that that the court made an improper credibility assessment about the affidavit of the Limoges expert and because the judge overlooked material issues of fact that were in dispute.

To prevail on summary judgment, the defendant is required to demonstrate that no genuine issue of material fact exists and the undisputed facts, when viewed in a light most favorable to the plaintiff, require judgment for the defendant as a matter of law.

CONCLUSION For the reasons set forth above, and because no issue of material fact exists for determination by a jury, it is axiomatic that summary judgment for Defendant should be granted.

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.).

Specifically, the court noted that the party seeking summary judgment «bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.»

The court continued, explaining that «a genuine issue of material fact exists where facts concerning an issue that would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.»

But there also is the 1989 Buet ruling, where the Court approved France's move to ban doorstep selling of certain educational material to protect a particularly vulnerable group of consumers, despite the fact that the Directive at issue covered exactly this type of market practice and regardless of the circumstance that France had not had the ban authorised by the Commission pursuant to Articles 114 (4) to (10) TFEU.

Even if Choukas's attorney told the claims adjuster not to make an offer unless the insurer would meet his $ 89,000 demand, such settlement tactics did not create a genuine issue of material fact as to whether Metropolitan was required to make an offer.

In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.

The opposing lawyer may even argue to The Wise One that there is no «genuine issue of material fact» and that their client is entitled to «judgment as a matter of law».

Secondly, the plaintiffs assert genuine issues of material fact exist regarding whether the step down presented a unique, special hazard....

(Generally speaking, when there are material facts at issue, a summary judgment should not be granted.)

Thus, genuine issues of material fact remain unresolved which preclude summary judgment.

The record contains sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal - Mart had constructive notice of the dangerous condition.

The Court held that the motion judge erred in allowing summary judgment on the negligence claim against the Pearlmans where there were issues of material fact whether Samantha knowingly permitted Thomas to operate her car in violation of a provision of G.L. c. 90 and whether that violation was causally related to the accident.

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

While noting that the significance of the undisclosed material to the matter in issues is «obviously a highly material factor», Richards LJ held that «the mere fact that information is «significant» does not mean that fairness necessarily requires its disclosure to consultees»: Eisai [26].

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

The district court found that Wi - LAN did not identify a genuine issue of material fact regarding direct infringement, and thus concluded that Ericsson's accused products did not infringe the Bandwidth Patents.

Accordingly, the court concluded that the plaintiff failed to raise a genuine issue of material fact concerning these claims.