Sentences with phrase «motions for summary judgment against»

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

We also filed a motion for summary judgment against plaintiffs, which was heard by the court on the «eve» of trial.

The plaintiff has filed a motion for summary judgment against CIBC.

The court denied Plaintiff's motion for summary judgment against Broker, finding that triable questions of fact did exist on that count, including whether or not Broker knew, when it sent the checks to Plaintiff's team members, that they would not forward Plaintiff his split.

Not exact matches

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.

Legal research company Fastcase yesterday filed a motion asking for summary judgment in its lawsuit against rival Casemaker over copyright in Georgia state regulations.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

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

Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA) against a pharmaceutical supply company's call center;

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

Apple's winning streak continues for now: after (finally) obtaining a preliminary injunction against the Galaxy Tab 10.1 and winning by a wide margin a battle over a long list of expert reports, Apple has just been cleared of infringement of one of the three Samsung patents it was attacking in its very focused summary judgment motions.

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.

In the most recent case, a lawyer who appeared on the show had his claim against the CBC dismissed on a motion for summary judgment.

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Drafted motion for summary judgment on behalf of a product manufacturer involving the economic loss doctrine and statute of limitations issues that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Eight of the named defendants brought a motion for a summary judgment to have the claims dismissed by reason of there being no cause of action against them.

Drafted motion for summary judgment on behalf of grocery store that resulted in voluntary dismissal of the plaintiff's claims against the store.

Obtained $ 50 million for Pacific Life against Bank of New York Mellon at conclusion of motions for summary judgment in breach of contract and breach of fiduciary duty matter in an investment mismanagement case.

Drafted motion for summary judgment for manufacturer in asbestos litigation that resulted in voluntary dismissal of the plaintiffs» claims against the manufacturer.

The Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. motion seeking certification of a class and a motion for partial summary judgment against Dr. motion for partial summary judgment against Dr. James.

Based on that determination, Brooks Kushman filed a motion for summary judgment and on April 21, 2016, U.S. District Judge Norma L. Shapiro granted the motion ending all claims against Ford on the grounds that the TMC patent did not cover the accused Ford vehicles.

The law firm brought a motion (2016 ONSC 7964) in the Ontario Superior Court of Justice for summary judgment, requesting that the action against it be dismissed.

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.»

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).

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.

Mr. Pierson is running the case for Cohen Milstein and in 2015 took the lead for the direct purchaser plaintiffs in arguing against the defendants» summary judgment motions (which were denied by the Court for four of the five defendants).

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

The court denied plaintiff's motion for summary judgment that individual defendant was liable for the default judgment awarded plaintiff against corporate defendant because plaintiff failed to pierce the corporate veil.

Wood commenced an action against Deeley and brought a motion for summary judgment.

Obtained dismissal on motion for summary judgment of complaint filed against international manufacturing company alleging whistleblower retaliation under the Florida Whistleblower Act.

Justice Hainey stated, in his summary on the motion to amend, «Chevron Canada's shares and assets are not exigible and available for execution and seizure by the plaintiffs in satisfaction of the Ecuadorian judgment against Chevron Corporation.»

Opposed a motion for summary judgment brought by CIBC against a mortgator where CIBC alleged default under the terms of the mortgage flowing from the registration of a restraint order on title pursuant to the provisions of the Controlled Drugs and Substances Act.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

The motions judge dismissed the claim against one of the defendants on a motion for summary judgment, and subsequently ordered a focussed, hybrid trial to deal with the balance of the claims.

Successfully defeating a preliminary injunction motion and obtaining summary judgment dismissing trade secrets claims against board members of a nonprofit library and archive who were sued in Colorado and Virginia by the Church of Scientology for copyright and trade secrets violations based upon posting of church materials to the Internet.

The respondents, First Student and Ribble, brought a motion for summary judgment to dismiss the claims against them.

Ryan Turcotte («Turcotte») and his parents appeal the dismissal of their action against the respondents on two motions for summary judgment.

The court granted NAR's motion for summary judgment, finding that there was nothing unlawful about NAR supporting and sharing information with MLSs that were considering legal action against AHRN.

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

3d 1016A)- salesperson's motion for summary judgment for commission against her broker granted; broker and salesperson orally agreed that broker would pay half of any commission that broker received to salesperson where salesperson was the procuring cause of sale generating the commission; broker refused to pay salesperson's commission on grounds that commission was not paid to broker on legal grounds but upon long standing ties with other brokerage firm and that salesperson did not do her job competently and professionally; court determined that in the course of performance it is the fact of payment of commission to the broker that triggers payment to the salesperson; judgment for salesperson for $ 11,250.00

¶ 44 We reach the same conclusion for Buyer's remaining negligence allegations against Paramount, which we note for the record, were not specifically addressed in Buyer's motion for partial summary judgment.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

The sellers and their broker moved for summary judgment on the buyer's claims against them, and the trial court granted their motion.