Hypothesis 2: When the moving party's brief is more readable than the non-moving party's brief, the moving party will be more likely to
prevail on a motion for summary judgment.
Hypothesis 1: Increased brief readability will lead to a greater likelihood that a party will
prevail on a motion for summary judgment.
To generate predicted probabilities, we held all variables at their means (or modal values if dichotomous) aside from the difference in readability score variable, which we varied from -4 to 4 based on the spectrum of our data.102 The results for the predicted probability that a moving party
prevails on a motion for summary judgment based on a given readability score are presented in Figure 1 below.103
Moving from cases where the moving party's brief is significantly less readable than the non-moving party's brief to the opposite situations, the likelihood that the moving party
prevails on the motion for summary judgment more than doubles from 42 % to 85 %.
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;
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.
Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not
prevail on his claims of negligence; therefore, the judge allowed the defendants»
motions for summary judgment.
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.
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.
He
prevailed at claim construction and
on motions for summary judgment to limit customers» claims of indirect infringement.
We have achieved successful results
for clients at every phase of the class action litigation process in both trial and appellate courts, including obtaining dismissals of class action complaints, defeating class certification, winning
summary judgment motions,
prevailing at trial or
on appeal, and obtaining highly favorable settlements.