Sentences with phrase «prevailed on summary judgment motions»

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

This last decision involved defendant in an indemnity action prevailing on a summary judgment motion.

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.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

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.

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 %.

He has successfully defeated class certification motions and prevailed on summary judgment in class actions, as well as single plaintiff cases.

He prevailed at claim construction and on motions for summary judgment to limit customers» claims of indirect infringement.

These successes include obtaining dismissals of class action complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

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.