Sentences with phrase «of motions for summary judgment»

A recent study found that judges in the Eastern District granted only 18 % of motions for summary judgment of invalidity while the national grant rate is 31 %.

A recent study found that judges in the Eastern District of Texas granted only 18 % of motions for summary judgment of invalidity.

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.

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

Following the filing of a motion for summary judgment on numerous issues, including application of the policy's pollution exclusion in Connecticut, the plaintiff insured withdrew the action.

The court determined that it was able to make a «fair and just» determination of the merits of the motion for summary judgment, exercising the powers afforded to it under Rule 16 of the Family Law Rules.

For one, it suggests a court can control the scope of a motion for summary judgment through early judicial involvement and, where necessary, the parties can bring a motion for directions in advance of a planned summary judgment motion.

You can practically write the fact portion of a motion for summary judgment from a Fact Manager report.»

Cases were included in the sample if they contained one brief in support of a motion for summary judgment, one in opposition, and an order granting or denying the motion.

In determining whether a case should be disposed of by way of a motion for summary judgment, the motion judge must apply a «full appreciation» test and ask whether the full appreciation of the evidence can be achieved by way of summary judgment, or whether a trial is required.

In the recent costs ruling on Columbos v. Columbos, 1 the self - represented litigants who were on the receiving end of a motion for summary judgment were ordered to pay the applicant's and moving party's costs.

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;

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

«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.

On their motion for summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.

«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.

(d) Intentional infliction of emotional distress The court granted the district's motion but denied the individual defendants» motion for summary judgment for this claim because of the boundaries of the state's governmental immunity legislation.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

Our team has successfully used motions to dismiss and motions for summary judgment to resolve such claims under theories of sovereign and official immunity.

Lots of things have happened, like we moved to federal court, and then there was discovery (but maybe not all of it), and motions for summary judgment.

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.

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.

• On August 13, 2009, the Administrator filed a motion for summary judgment to terminate Kathy Bauck's USDA license 41 - B - 0159 and disqualify her from «obtaining an Animal Welfare Act license for a period of no less than two years.»

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.

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

Generally, the contents of lawyers» affidavits of this sort can be ignored on motions for summary judgment: Victoria Mendes et al. v. Blaisdale Montessori School, 2014 ONSC 3178 (CanLII) at para. 3, aff'd 2014 ONCA 821 (CanLII).

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.

[17] Unlike these procedural motions, motions for summary judgment go to the heart of the merits of the dispute between the clients.

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.

I tried it out myself on a host of legal terms that came quickly to mind, and was able to get results for almost all of them («motion for summary judgment»; «interpleader»; «chattel).»

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.

The mother filed a motion for summary judgment seeking an order that, among other things, the father pay child support based on the Child Support Guidelines, an order that the father pay his share of the child's section 7 expenses, and that the father settle unpaid child support (i.e. arrears).

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.

And so we will work on the initial strategy really throughout the life of the case even, but we also do sort of traditional law work, like motions for summary judgment and responses, jury charge work, objecting to jury charges and also the post-verdict sort of prejudgment motions phase and then even post-judgment motion.

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 Superior Court allowed defendant's motion to dismiss on the claims of negligent infliction of emotional distress and fraud, and later allowed defendant's motion for summary judgment on the claims of intentional infliction of emotional distress and battery.

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.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

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.).

By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.

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

At the motion for summary judgment, the plaintiff had filed a letter from a third party dentist, which noted that the defendant dentists did not meet the standard of care.

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 landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion... [more]

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.

[73] A motion for summary judgment will not always be the most proportionate way to dispose of an action.