If the plaintiff can demonstrate that
a material issue of fact exists, then the motion will not be granted.
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.
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.
Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed;
material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.
Not exact matches
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.
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.
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.
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.
(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.
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).
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 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.
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....
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.
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.
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.
Employee's unsupported testimony that she can perform her job functions from home does not create a genuine
issue of material fact to preclude summary judgment;
The plaintiff argued that the trial court erred in granting summary judgment because there was a genuine
issue of material fact as to whether the defendant driver was negligent in parking the truck on the street in front
of his home, considering the prior accident.
Therefore, the court found, when the evidence was viewed in favor
of the plaintiff, there was a genuine
issue of material fact as to whether the defendant driver failed to exercise ordinary care (the standard for Georgia ordinary negligence cases) in parking his truck in front
of his home and was therefore potentially negligent.
A number
of issues are not addressed in the current content, such as the relative merits
of paper and electronic sources, the distinction between primary and secondary
materials, the related
issue of the connections between legal processes and legal documents, and generally the
fact that there are different types
of legal information available.
Since the plaintiff did not provide notice that the physician who prepared the expert affidavit intended to provide expert testimony at trial, the affidavit was insufficient to show a genuine
issue of material fact as to the defendant's lack
of requisite skill at trial.
«Summary judgment is a procedural device for promptly resolving a controversy on the merits without a trial if there are no genuine
issues of material fact or inferences that can reasonably be drawn from undisputed
facts, or if the only
issues to be resolved are questions
of law.
While the example above clearly has significant factual
issues, either party in a negligence lawsuit can bring a motion for summary judgment if there are no
issues of material fact or where it is clear that the other party can not prove one
of the elements
of negligence.