Sentences with phrase «ruling granting summary judgment»

The Massachusetts Supreme Judicial Court has reversed a lower court ruling granting summary judgment to a law firm, saying the firm had failed to use all measures to combat an erroneous ruling by a French court.

The Supreme Court of the State of California recently released an opinion in which they affirmed a lower court's ruling granting summary judgment to the defendant in a wrongful death lawsuit.

Not exact matches

For instance, the judge granted summary judgment against the NCAA on its argument that scholarship rules «improve [e] the quality of the collegiate experience for student - athletes, other students, and alumni by maintaining the unique heritage and traditions of college athletics and preserving amateurism as a foundational principle, thereby distinguishing amateur college athletics from professional sports, allowing the former to exist as a distinct form of athletic rivalry and as an essential component of a comprehensive college education.»

The Federal District Court granted the defendant summary judgment, ruling that plaintiff's evidence did not meet a standard of «general acceptance» within the scientific community.

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 Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

A Superior Court judge granted the defendants» motion for summary judgment ruling that plaintiff's claims were preempted by Federal statute and safety regulations promulgated thereunder.

The same three Justices [20] that dissented to the judicial recusal rule changes rejected the Panel's recommendation to grant Justice Gableman's summary judgment motion and to dismiss the case.

The district court granted IPT's summary judgment motion and ruled that it did not infringe Lumalier's patents.

District Court amended its original claim construction order based on the PTAB's ruling and granted summary judgment of non-infringement in favor of Ford on the ground that the express disclaimer prevented the patent - in - suit from covering Ford's vehicles.

The trial judge ruled that Coote's expert was inadequate and granted summary judgment in favor of Dr. Miller and Midwest Orthopaedics Consultants.

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

The most controversial aspect of the rule has been its test for granting a summary judgment.

[19] Until 2010, when amendments were introduced, the former rule 20.04 (2) provided that the court shall grant summary judgment where the court is satisfied that «there is no genuine issue for trial.»

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

The important question of how much latitude judges have in Ontario to avoid trials by granting summary judgment under Rule 20 is scheduled to come before the Supreme Court of Canada in March in two appeals involving an alleged investor scam.

A district court ruling upheld the canons, granting summary judgment in favor of the Arizona state officials.

U. L. Rev. 369, 438 (1992)(finding that attorneys who removed cases from state to federal court «most often cited summary judgment availability as their reason for removal» to federal court, and that the attorneys perceived «a greater willingness of the federal judiciary to grant summary judgment motions» as well as «organizational impediments limiting the ability of the state court judges to issue summary judgment rulings»).

The district court granted summary judgment, adopting Apple's proposed construction of the disputed term and ruling that Aylus» statements in the IPR response were «akin to prosecution disclaimer.»

The dual effort bore fruit: the trial court granted summary judgment on statute of limitations grounds and awarded attorney's fees for the costs of proving denied requests for admission, and the Court of Appeal affirmed the trial court's rulings in full.

U.S. District Judge Ruben Castillo granted Klinger's bid for summary judgment in December, and the Seventh Circuit affirmed his ruling, following Seventh Circuit Judge Richard Posner's characterization of the estate's argument as a «very aggressive attempt to enlarge copyright law» during oral arguments.

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

Under Rule 20.04 (2 (a) of the Rules of Civil Procedure, the Court shall grant summary judgment if it is satisfied that there is no genuine issue requiring a trial.

D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an expert witness on the issue of medical causation before an April 17, 2013 deadline required that the case be thrown out.

Justice Perell held that it was an appropriate case to grant partial summary judgment and ruled in the landlord's favour.

The case was before the advent of the Civil Procedure Rules 1998 and the judge granted summary judgment under RSC Ord 14 and injunctions to prevent the use of the domain names by the defendants.

Batner says the rulings essentially leave motion judges to their own devices — and without any true test — when determining whether a case should be granted summary judgment.

In the Lam case, MacDonald put forward a Supreme Court of Canada decision — Hryniak v. Mauldin — that talks about proportionality, affordable access to justice, and the fact these kind of summary trial rules should be given a broad latitude and if a judge, in his or her discretion, feels they can grant judgment on the evidence before them they should be allowed to do so.

Five cases decided together raise a number of issues concerning the interpretation of the new Rule 20, including the nature of the test for determining whether or not summary judgment should be granted, the scope and purpose of the new powers that have been given to judges hearing motions for summary judgment, and the types of cases that are amenable to summary judgment.

With no discovery on the claim, she was not prepared when the court ruled from the bench that it would grant summary judgment as to her hostile work environment claim.

The Eastern District of Texas already requires parties to ask permission to file summary judgment, contrary to the Federal Rules that grant parties the right to file.

The court found that the defendant's use of «no children» in its rules constituted a per se violation of the Act's prohibition on discrimination based on family status and granted summary judgment on this claim.