However, this inquiry may be
resolved at the summary judgment phase when the «defense is conclusively established by plain, palpable and undisputed evidence» that leave no issue of fact for a jury to determine.
Not exact matches
The attorneys
at Buscemi Hallett LLP have
resolved numerous insurance defense matters by way of dispositive motions (e.g. Motion for
Summary Judgment, Motion for Judgment on the Pleadings).
On a
summary judgment motion, «the evidence need not be equivalent to that
at trial, but must be such that the judge is confident that she can fairly
resolve the dispute.»
Our attorneys have an impressive track record of obtaining
summary disposition of cases prior to trial and are also skilled
at resolving disputes using alternative means such as arbitration and mediation.
Once the pleadings have been drafted, and
at each stage of the action, consider whether
summary judgment may
resolve any issue in dispute.
The court ruled that
summary judgment was not appropriate because the evidence submitted to the court presented contradictory theories that should be
resolved at a trial: namely whether the defendant's conduct was the cause of an injury to the plaintiffs» loved one.
I do want to give you one example though, which is
at the Rise Women's Legal Centre we've had clients come in with literally suitcases full of documents from over a decade of not having a lawyer and what means is that something that could have been
resolved fairly simply
at the front end, if they had been able to access even
summary advice
at the beginning, let alone some minimal representation, they might have had their family law issues
resolved much earlier.
As
summary trials become more common, creative counsel will undoubtedly continue to expand the range of issues
resolved in a
summary manner, including
at some point contested substantive patent issues.
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