Sentences with phrase «summary judgment against»

The court denied Plaintiff's motion for summary judgment against Broker, finding that triable questions of fact did exist on that count, including whether or not Broker knew, when it sent the checks to Plaintiff's team members, that they would not forward Plaintiff his split.

The respondent moved successfully for summary judgment against the appellant for payment based on the guarantee.

And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant.»

Yet it should not be overlooked that the claimant in Sowerby succeeded in securing summary judgment against the defendant who had successfully resiled from its admission.

The case management judge granted partial summary judgment against Canada related to a breach of Article 12.7.6 of the Agreement regarding the implementation of an informational monitoring plan.

In that regard, Karakatsanis J. observed that it may not be in the interests of justice to use the new fact - finding powers to grant summary judgment against a single defendant if the claims against other parties will proceed to trial in any event.

The plaintiff has filed a motion for summary judgment against CIBC.

The appellants, Angelo Caparelli and 2292819 Ontario Inc («229), appealed a summary judgment against them in favour of Nadeau and 1117251 Ontario Inc («111»), a corporation controlled by Nadeau.

The Boone Circuit Court civil case summary judgment against Gallion and Cunningham was appealed to the Ky..

In the recent case of Antonio Gramsci Shipping Corporation & others v Recoletos Limited & others [2010] All ER (D) 241 (May), the claimants applied for summary judgment against the defendants in a case alleging fraud and «corporate theft».

In Meehan v Good, 2017 ONCA 103, the Court of Appeal allowed the appeal of the plaintiffs of the dismissal of their claims by summary judgment against their former lawyer, Mr. Cardill.

There, a cross-defendant Bank obtained a summary judgment against a cross-complainant, which was not a signatory under a construction loan agreement with a narrow fees clause relating only to the loan agreement.

After discovery, the trial court granted summary judgment against the contractor on the grounds that the contractor could not present evidence to prove this essential fact.

We also filed a motion for summary judgment against plaintiffs, which was heard by the court on the «eve» of trial.

In plaintiff customer's suit alleging that tainted seafood he consumed at Frankie Rowland's Steakhouse in Roanoke triggered his Guillain - Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group...

[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.

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 Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. James.

Won partial summary judgment against an architect / engineer in the U.S. District Court for the Eastern District of Virginia on a $ 185 million condominium project leading to a multi-million dollar settlement.

Obtained summary judgment against defaulted subcontractor in federal court on a $ 160 million wastewater treatment project.

The judge didn't buy Bluestone's argument, issuing summary judgment against him in an Aug. 25 decision.

2 Dec. 12, 2016)(unpublished), a defendant corporation successfully obtained summary judgment against plaintiff and then moved to recover $ 133,644.50 in attorney's fees and costs from losing plaintiff.

Can I get summary judgment against the maker of the pool based on the photo below?

Because evidence existed to say the accident caused the second injury in a direct way, the court could not enter summary judgment against the injured party or the medical provider.

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

In ongoing litigation in the English Commercial Court, ENRC NV («ENRC») obtained summary judgment against Zamin Ferrous Limited («Zamin», a Jersey company) on a counterclaim in June 2015 in the amount of US$ 65 million plus interest.

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying action.

After filing the second case, the family asked the court to grant a motion for partial summary judgment against State Farm.

Obtaining summary judgment against a large financial institution for enforcement of a performance bond securing an oil / gas contract.

They also argued that the Court was in a position to give summary judgment against the Claimants based on witness evidence from officials in the UK companies who said that their companies had not been involved in any cartel behaviour.

However, they did reverse the summary judgment against FedEx, finding that there is still a genuine issue as to whether a duty was breached.

The key point is that if you are sued for an old debt, you have to defend yourself or else the creditor is likely to get a summary judgment against you even if the debt is old because the court may not realize that it's an old debt if you aren't there to tell them.

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.»

-LSB-...] Julie Macfarlane and her colleagues at the National Self - Represented Litigants Project found shocking results in their studies of Summary Judgments against -LSB-...]

Not exact matches

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

In June»98 a U.S. District Court in Maryland threw out the suit in summary judgment, ordering Antonious to pay Spalding's court costs and issuing a $ 30,000 sanction against Stroup's law firm, Finnegan, Henderson, Farabow, Garrett & Dunner, for failing to do an adequate prefiling investigation of Antonious's claims.

The Federal Housing Finance Agency is seeking a summary judgment in its case against Chicago's vacant building ordinance before the city even files a response to the lawsuit.

In one case, Denenberg allegedly prepared a «fake order» in which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

A state judge said she won't grant summary judgment to New York State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald Trump.

Denying request for summary judgment, the Los Angeles Superior Court gave Activision the green light to go to trial with its $ 400 million contract interference lawsuit against Electronic Arts over Call of Duty creators Jason West and Vince Zampella.

[11] On that test, I was satisfied that summary judgment ought to be granted dismissing Sweda's claims against Burnbrae.

Legal research company Fastcase yesterday filed a motion asking for summary judgment in its lawsuit against rival Casemaker over copyright in Georgia state regulations.

He found that the claims against the UK subsidiaries were properly constituted, and that the attempts by the Defendants to obtain summary judgment were misguided.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.

Obtaining summary judgment in (and complete dismissal of) a state wage and hour class action filed in Orange County Superior Court by hourly drivers against a respiratory care company and involving statutory and contractual overtime claims;

Obtained summary judgment for global manufacturer and marketer of engineered rubber products against claims of defect in industrial hose

-- Hanco ATM Systems v. Cashbox ATM Systems [2007] EWHC 1599 (Ch): Led by Andrew Hochhauser Q.C. in relation to summary judgment application against senior employee for breach of fiduciary duty and dishonest assistance and involving issues as to the doctrine of «preparatory steps».