Sentences with phrase «motions for summary judgment in»

Other topics covered this week included seeking intervener status in an environmental contamination case, automobile insurance, MVA jury trials, motions for summary judgment in the class action context, breach of confidence, family law, bankruptcy and insolvency and solicitors» liens and charging orders.

The parties resolved the dispute in November 2017 after filing motions for summary judgment in late May 2017.

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.

Chris was an integral part of team that prepared successful motions for summary judgment in favor of Cold Chain Technologies.

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.

We have considerable experience in seeking and responding to motions for summary judgment in commercial matters.

More recently, The Third Circuit, in a case from Pennsylvania, affirmed a school board's motion for summary judgment in response to a teacher's claim that officials violated her free speech rights for terminating her employment over comments she posted on her blog (Munroe v. Central Bucks School District, 2015).

After expedited discovery, the court granted the issuer's motion for summary judgment in all respects, permitting the bond issuance to proceed.

Genworth filed a motion for summary judgment in the class action alleging that defendants misrepresented the role that Robert Brinker played in the management of the BJ Group Services portfolio.

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.

AT&T's motion for summary judgment in that case is scheduled for a hearing on Oct. 30.

Drafted successful motion for summary judgment in favor of an employer in a case involving allegations of respondeat superior and negligent entrustment.

In Rowe v. Gibson, a divided panel of the federal Court of Appeals for the 7th Circuit dismissed the defendants» motion for summary judgment in their favour.

However, they are not issues that lend themselves to determination on a motion for summary judgment in circumstances such as this, in my view, particularly where the action is being processed in the simplified procedure regime...

* The Department of Education has filed a motion for summary judgment in a suit brought by the ABA over public service loan forgiveness, claiming that its forgiveness eligibility determinations won't be final until 10 years have passed and that any eligibility letters sent thus far are nonbinding and merely advisory.

Not exact matches

«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.

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 saiIn 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 saiin which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

Botwin said the town will soon file a motion in State Supreme Court for summary judgment after discovering charges for ineligible FIT students.

Justice lawyers also filed their own 54 - page motion for summary judgment asking the court to rule in their favor.

Defendants have claimed that they are going to file a motion for summary judgment right about... now - ish in court terms.

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.

In the first case, there is a motion for summary judgment — this might come to an amicable end, itf the parties can compromise on terms of disclosure.

Judgment is entered in favor of Defendants Microsoft Corporation, Electronic Arts Inc., Harmonix Music Systems, Inc., Majesco Entertainment Co., Ubisoft Inc., and Nintendo of America Inc.'s (collectively «Defendants») on Plaintiff Richard J. Baker's («Baker») claims for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 20for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 20FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 2017.

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

This is not a case where the standard of proof on a motion for summary judgment would be relaxed in the name of proportionality.

His memorandum in opposition to a defense motion for summary judgment was due at midnight.

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

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

Yesterday, U.S. District Judge Timothy C. Batten Sr., ruling on Fastcase's motion for summary judgment, denied the motion and dismissed the lawsuit without prejudice, meaning that Fastcase is not barred from refiling the lawsuit in another court.

Plaintiffs and defendant all filed motions for summary judgment, and on Feb. 2, U.S. District Judge Tanya S. Chutkan issued a memorandum ruling in favor of plaintiffs and an order permanently barring Public.Resource.Org from posting any of the plaintiffs» standards.

Defeated lawsuit demanding $ 10 million in damages from our client and avoided the cost of a lengthy trial with a winning motion for summary judgment.

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.

After a series of lower court decisions resulted in conflicting conclusions, the Appeals Court vacated a Superior Court judgment allowing the defendant's motion for summary judgment, concluding that the plaintiff was entitled to the benefit of the three - year limitation period of G.L. c. 84, § 15.

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.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

Another example is a motion for summary judgment, which asks the court to rule in the requester's favor because essential facts are no longer in dispute (perhaps because of what has been learned in discovery), making a jury's decision unnecessary on some — or all — points.

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.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.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.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.).

Either way, winning a motion for summary judgment will usually result in saved time and legal fees.

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

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 reason for the detailed analysis of summary judgment motions in Ontario largely stems from changes to the Rules of Civil Procedure in 2010 which were intended to make civil litigation more affordable and accessible following the Osborne Report.

The decision replaces the previous decision by the Ontario Court of Appeal in Combined Air Mechanical Services Inc. v. Flesch, a special five - judge panel to hear five appeals over Rule 20 which then created a «full appreciation test» for summary judgment motions.

Ruling in Harris v. Leikin Group, Justice David Brown considered the cost motion of one of the defendants, First Capital Realty Inc., following its successful bid for summary judgment.

A motion to compel can influence the judge's view of the facts in advance of a motion for summary judgment.

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.

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

The plaintiff moved for summary judgment, but the action was dismissed when the defendant was successful on the motion in claiming that there was no tort for breach of privacy in Ontario.

[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.