Sentences with phrase «own motion for summary judgment»

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.

This is an actual quote from their opposition to Gawker's motion for summary judgment:

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.

If you respond, your case can go to trial or the lender can seek a motion for summary judgment.

MSU probably files a motion for summary judgment, asking the Court to declare them the winner without trial.

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.

«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.

At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.

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

After an appeals court temporarily lifted the freeze, the plaintiffs, two researchers who study adult stem cells, filed a «motion for summary judgment» with Lamberth.

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).

All parties have submitted motions for summary judgment, which means they are seeking to avoid a trial by asking Judge Dewayne Thomas to rule on the briefs submitted.

Here's a closer look at the court's ruling on the district's and individual defendants» motion for summary judgment for Ms. I's claims.

(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.

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.

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.

Here is EC's motion for summary judgment.

It granted the DOE's motion 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.

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.

• 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, 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.

If there are no alternative facts submitted by the defendant, the case will be decided at the motion for summary judgment stage.

[14] Hryniak provides for a more proportional approach to motions for summary judgment.

A strategic decision to counter a Rule 21 motion would be to bring a Rule 20 cross motion for summary judgment.

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).

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

When last we left the litigation between Fastcase and Casemaker, it was mid-May and Fastcase had just filed a motion for summary judgment.

They don't yell and bark about it, they just file a motion to dismiss or a motion for summary judgment (or serve you with a motion for sanctions).

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

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.

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).

Patent litigation, including managing electronic discovery efforts, working with expert witnesses to draft invalidity and non-infringement reports, drafting claim construction briefs and motions for summary judgment, and pre-trial preparations.

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.

Prior to trial, the DOT filed a motion for summary judgment claiming the agency was not responsible for the crash pursuant to the New Mexico Tort Claims Act.

TxDOT filed a motion for summary judgment and to dismiss, arguing it had sovereign immunity.

Arden Engineering filed a motion for summary judgment, which the trial level judge granted.

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.