Sentences with phrase «summary judgement»

The other party in a case has filed a motion for summary judgement against you.

The new decision on summary judgement motions may provide additional relief, but it is still being interpreted by the courts.

I will do this as many times as it takes until they get the point or until summary judgement against him occurs.

Not yet, court date is at end of month for final summary judgement.

The SPLC has filed for a ruling of summary judgement in the case.

As a result, the appellate court affirmed the lower court's granting of summary judgement in favor of the home improvement store.

In this case the Court granted summary judgement for breach of the offset well obligation in an oil and gas lease.

As a veteran patent litigator, he can distill complicated facts into precise strategies that often resolve matters by summary judgement, saving his clients valuable time and expense.

The Defendant appealed, arguing that the court erred in granting summary judgement because a material fact remained as to contributory negligence.

Some of the copyright and trademark cases where summary judgement and summary trials were considered since the rule changes demonstrate the variety of applications of the rules:

The District Court summary judgement drew heavily on Tenge v. Phillips Modern Ag Co., but the facts in that case differed considerably.

Appeals Court Upholds Summary Judgement in Favor of the Town of Williamstown and Parent - Chaperones

Piotrowski claimed that this evidence was sufficient to survive summary judgement; however, the court disagreed.

He granted summary judgement based only on the moving party's evidence in favour of the moving party and refused to adjourn the hearing to permit the responding party to introduce evidence.

We're prepared to move for summary judgement right after the first of the year on those two remaining claims because there is really no issue that still exists, and we've demonstrated that to the district.

I'm a bit concerned about the traditional Appellate deference to trial court fact - finding where trial records can be attenuated by case management Judges imposing summary judgement.

The unit owners had liability for fees in the amount of $ 490,410.00 (pursuant to a partial Summary Judgement and the further Trial of the Issue); and

Phones 4u disputed the quantum and applied for summary judgement under CPR Part 24 to strike out EE's counterclaim.

Rule 9 — 6 allows summary judgement, which can result in dismissal if it is shown that the plaintiff's claim contains no cause of action, and Rule 22 — 7 allows the court to dismiss a proceeding if there has been failure to comply with the Supreme Court Civil Rules.

At one point during the litigation proceedings, counsel for the Plaintiff brought an application for summary judgement pursuant to Rule 9 - 6 to strike the part of the Defendant's Response that relied on the Section 24 «reasonable efforts» defence in the Insurance (Vehicle) Act.

One of the things that makes me wonder about this is lots of the lawyers I know don't seem to realize that they don't have time to draft the motion for summary judgement until three days before it's due.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

The use of summary judgements without discovery of evidence and the subsequent labelling of the self represented as vexatious is an abuse of the public by the courts.

same with family matters, same with expert witness reports and this little trick of going for summary judgements so no discovery is ever conducted,, this is a manipulation of the system where expert evidence is submitted.

In part two of my interview with commercial lawyer, Monique Jilesen, we chat about the strategy and logistics regarding summary judgement procedures

The Court of Appeal held that there would not have been any reason for the judge to refuse to grant summary judgement unless he was of the opinion that there was a genuine issue requiring a trial respecting the limitation period.

Let's say you're defence counsel and you're looking for the outcome of summary judgement motions brought by defendants in cases similar to the one you're working on.

The good news is that I was able to have summary judgement against one of the occupants and already filed for the Sherriff to remove her from the premises.

The principle issue on summary judgement was what was the reasonable notice period within the circumstances described above.

1991)(affirming summary judgement in Rule 10b - 5 class action)

In the case, Piotrowski v. Menard, the court ultimately held that the plaintiff's bare - bones assertion that the stones» presence could have been due to the negligence of a store employee was insufficient to survive summary judgement, and the case was dismissed.

The «Decision Search Report», lets you see the total number of summary judgements in comparable cases.

The use of summary judgements to get rid of the srl, and dismiss everything they present, is ongoing, and again, the outright refusal to allow anyone to actually obtain any evidence to present their case with.

What's the best way to collect evidence to be prepared to sue for robocalling like in King v Time Warner Cable, U.S. District Court, Southern District of New York, No. 14 - 02018 (conclusion in html / order and opinion denying stay and granting summary judgement in pdf)?

It's 10:35 a.m. on a chaotic Monday: you're working to put the finishing touches on a motion for summary judgement on one case, before submitting your pretrial disclosures for a court session at 11:00 a.m. on another.

Uber had been asking for a summary judgement because it argued that it was a technology company, not a transportation company.

«We've already demonstrated to the district — since the motions were filed to dismiss and for summary judgement — that, unfortunately, the monitor was using the wrong numbers and was not interpreting the numbers correctly,» said Oliverio.

In the next 14 days, her lawyer plans to file a motion for summary judgement, Hoke said; she denied being involved in the incident that led to the closure, but declined further comment until the court document was filed.

Apple is seeking a permanent injunction against hackintosh retailer Psystar following a summary judgement against the company - and is also looking for monetary damages.

When the summary of the report was released last month (IPCC summaries, agreed line by line by governments at often quite fractious plenary meetings, come out before the report they are summarising, in part because the report may need a little tweaking to reflect the plenary's summary judgements) it came with a press release proclaiming that the world could get 80 % of its energy from renewables by 2050 if it just had the right policies and paid the right amount.

(I would probably use «motion to summary judgement» if this happens.)