Sentences with phrase «on a summary judgment motion in»

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

However, this principal may now be undermined given Ontario Court of Appeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Gristey,

Furthermore, in documents filed with the court by the appellant on a summary judgment motion in a related solicitor's negligence action, the appellant expressly acknowledged that he, rather than the trust, was the legal owner of the mortgaged property and that the relevant mortgage documents contained his personal covenant to repay the mortgage loan.

In ruling on a summary judgment motion in the 2006 bankruptcy court decision of In re Robinson, 346 B.R. 172 (Bankr.

Dourada was successful on its summary judgment motion in obtaining judgment for arrears of rent and damages for Melfi's breach of its covenant pursuant to the agreement of purchase and sale to leave the premises empty and in «broom - swept condition».

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.

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).

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, 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.

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

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.

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which it signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

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.

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.

In addition, the Court confirmed that a bonus entitlement claim can be decided on a summary judgment motion.

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.

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.).

Any insight gained from the summary judgment motion can be used to manage a trial to resolve the case in a manner which could help focus a trial on the complexities and importance of the case.

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 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.

The appellate court reasoned that a lower court couldn't grant summary judgment on a basis not presented in the motion.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

The Superior Court allowed the defendant insurer's motion for summary judgment on the ground that plaintiff was covered only by her husband's policy in this case.

While it will be interesting to follow how this summary judgment motion progresses, this case illustrates that the expanded evidentiary powers on a summary judgment allow the Court to require that further oral evidence be adduced to assist with determining whether a genuine issue requiring a trial exists, even where the matters in dispute deal with complex technical issues.

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.

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.

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.

In this case, the manufacturer's summary judgment motion had asked the court not to consider it until after it ruled on the request to exclude.

The second way I tried to incorporate foreign law was in the motion for summary judgment on parentage that was the final project for the year.

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.

Time will tell, on both fronts, but in the meantime it is safe to say that the Supreme Court decision will change summary judgment motions not only in a substantive, but also in a procedural, manner.

There is no shortage of rhetoric in the Supreme Court of Canada's recent decision on the scope and interpretation of amendments to Ontario's Rule 20 governing motions for summary judgment.

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.

[Note 3] Though noting that the affidavits submitted by the plaintiffs in opposition to summary judgment may have contained hearsay, the judge took no action on the defendants» motion to strike those affidavits.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

Update 4:35 p.m.: In a ruling today, Federal Court Justice Russel Zinn held in Apotex Inc. v. Pfizer Ireland Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's patent on Viagra, Canadian Patent No. 2,163,466 invaliIn a ruling today, Federal Court Justice Russel Zinn held in Apotex Inc. v. Pfizer Ireland Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's patent on Viagra, Canadian Patent No. 2,163,466 invaliin Apotex Inc. v. Pfizer Ireland Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's patent on Viagra, Canadian Patent No. 2,163,466 invalid.

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.

There's mention of an interesting discussion at SCOTUS blog on the decline in paid petitions for cert to the U.S. Supreme Court, whether judges accurately report facts in summary judgment motions (one way to tell is to read the dissents, according to the post) and an interesting study on pro se defendants who apparently perform fairly well in criminal proceedings.

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

HathiTrust and related university defendants saw near - entire success in their summary judgment motions, failing only on a standing question not consequential to the result.

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.

On April 21, 2016, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by Brooks Kushman on behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technologOn April 21, 2016, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by Brooks Kushman on behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technologon behalf of its client, Ford Motor Company, in a case involving a patent for fuel injection system technology.

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

On cross motions for summary judgment, the district court ruled in favor of the plaintiff.

Represent a publicly traded company in commercial property insurance coverage action and prevailed on plaintiff's motions for summary judgment on whether policies covered hurricane clean - up expenses and related losses.