Sentences with phrase «motion for summary judgment as»

The auto insurer filed a motion for summary judgment as a matter of law, supplying postal receipts to show the cancellation notice was mailed to the plaintiff at a Lewiston apartment address in October 2014.

He added: «The plaintiff who treats a defence motion for summary judgment as a speed bump on the long highway to trial risks crashing its case in the deep ditch of dismissal.»

In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first.

Chris «duties included preparation of the Markman brief and motions for summary judgment as well as several pre-trial filings.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

«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.

If Ellora's Cave intends to keep up with the suit — responding to discovery, filing for protective motions, writing responsive briefs in reply to motions for summary judgment — it's almost certainly going to have to spend as much as Jane.

Researchers might conduct correlational studies of existing cases, as Long and Christenson did in their study of readability and success on appeal241 or as Moss did in his mixed - methods study of employment discrimination summary judgment motions.242 Or they might conduct an experiment asking participants to simulated cases, as in the proposed modification of Chestek's study of preferences for narrative elements in briefs.243 Alternatively, researchers could conduct qualitative studies of decision - makers believe that legal writing influences their decisions.

Both Freeman and the Harbor Schools filed motions for summary judgment, arguing that the three year statute of limitations on all claims had expired, as the claims accrued in the spring or summer of 1993 or at the latest in November 1993.

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.).

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal («ONCA») overturned the motion for summary judgment and confirmed that the purchaser of a business» assets (as opposed to a business» shares) can choose to... Continue Reading

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty as to whether it is appropriate for a motion judge to use the new powers conferred by the amended Rule 20 to decide an action on the basis of the evidence presented on a motion for summary judgment.

Judge Reiss granted the defendants» motion for summary judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»

The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1) of the Health Professions Procedural Code, S.O. 1991 applied.

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.»

As a matter of practice, the Supreme Court indicates the judge hearing the motion for directions «should generally be seized of the summary judgment motion itself,» ensuring his or her acquired knowledge about the matter does not go to waste.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

Prepare documents required by the division, such as statement of questions on appeal, answers to motions for summary judgment, or legal memoranda

As a first - year you're more likely to be involved in preparing depositions, drafting motions for summary judgment, responding to discovery and even helping to decide client strategy.»

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»

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.

After evaluating the asserted patent and AMES products, Brooks Kushman planned a strategy of moving for summary judgment at a very early stage of the case, and encouraging the court to address claim construction issues as part of that motion.

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

The judge hearing the summary judgment motion held that there was no genuine issue requiring a trial for the following reasons: (i) there was no evidence that anyone died on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died on the property or that the property may be haunted; (iii) there was no evidence as to how the purchaser could prove... Read More

Juniors do research into black - letter law as well as «drafting motions for summary judgment and documents in support of motions to dismiss.»

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.

Accordingly, the judge granted the motion for summary judgment on the issue of punitive damages and left the plaintiff's negligence claim as the sole remaining issue for trial.

Our logit model showed that a moving party counsel's status as a repeat player before the motion judge correlated significantly with success on the summary judgment motion.117 However, when we also controlled for whether the non-moving party was a repeat player before the motion judge, the moving party correlation and the non-moving party correlation were no longer significant.

U. L. Rev. 369, 438 (1992)(finding that attorneys who removed cases from state to federal court «most often cited summary judgment availability as their reason for removal» to federal court, and that the attorneys perceived «a greater willingness of the federal judiciary to grant summary judgment motions» as well as «organizational impediments limiting the ability of the state court judges to issue summary judgment rulings»).

The Year In Review also provides effective strategies to manage workplace harassment via social media, settle WSIB claims quickly and at minimal cost, as well as details on when employers can resist motions for summary judgment in wrongful dismissal litigation and the most recent legal developments in family status accommodation.

As a result, federal court judges have a stronger personal incentive to grant summary judgment than some of their state court counterparts.93 Finally, federal courts have more resources at their disposal than state courts and are therefore in a better position to invest the significant judicial resources often required to decide a motion for summary judgment.94

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

After controlling for attorney experience, law firm size, and the lawyer's status as a repeat player before the motion judge, this Article finds a statistically significant relationship between brief readability and the outcome of summary judgment motions.

The plaintiff asked for $ 250,000 as a settlement, but after Target's motion for summary judgment was denied by the court the settlement demand rose to $ 750,000.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

In Fernandes v. Araujo et al., the owner's insurer brought a motion for summary judgment stating that the owner was not vicariously liable for the driver's negligence as the owner had not given permission to the driver to operate the vehicle, an ATV located on the owner's farm, on the highway, as the driver only had a G1 license and was not licensed to use the ATV on a highway.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

It appears as though the judge approached the motion as if it were a motion for summary judgment.

As shown above, if a plaintiff does not respond to a motion for summary judgment, it is likely that the case will be dismissed.

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

As a result, the parties to a motion for summary judgment must put their best foot forward by placing all relevant evidence in the record.

In my view, absent limited circumstances (such as a trial on damages once liability is determined), the Court should restrict itself from ordering a mini-trial when a party has chosen to tender a deficient evidentiary record on a motion for summary judgment, for a mini-trial ought not to permit a party to buttress or «cooper up» its deficient record.

Over the course of the semester, students write several different documents to a court, such as a motion to dismiss, a motion for summary judgment, or a trial brief.

A motion for summary judgment was filed seeking to deem the maritime worker as a seaman who was entitled to the protections of the Jones Act.

I'm not as enamored with the mini-trial format for summary judgment motions.