Sentences with phrase «summary judgment from the court»

At the very least, this can cause delay and mean it will be very difficult, for example to get a summary judgment from the court, since evidence of an alleged verbal variation would have to be tested by cross examination at trial.

Not exact matches

The High Court concluded that «in civil penalty proceedings, courts are not precluded from considering and, if appropriate, imposing penalties that are agreed between the parties» (quote taken from judgment summary).

Yesterday, U.S. District Judge Timothy C. Batten Sr., ruling on Fastcase's motion for summary judgment, denied the motion and dismissed the lawsuit without prejudice, meaning that Fastcase is not barred from refiling the lawsuit in another court.

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.

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.

Appeals from the granting of a summary judgment motion go directly to the Court of Appeal, but appeals from the denial of such a motion go to the Divisional Court, and only then with leave.

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.

Ultimately, the trial court granted summary judgment in favor of the Bank because there was no evidence that Diaz ever provided medical clearance from a doctor that would allow her to return to work.

However, the court granted summary judgment based on the court's own determination that public policy considerations prevented the defendant from being held liable in this situation.

21st Century then moved for summary judgment because its policy contained a «Named Driver Exclusion Endorsement» that excluded Roberson from all coverage under the policy; the trial court agreed and granted 21st Century's motion.

We successfully obtained summary judgment from the United States District Court for the Eastern District of Virginia.

The official languages page from the New Brunswick Courts website explains that s 24 of the Official Languages Act, SNB 2002, c O - 0.5, requires that «[a] ny final decision, order or judgment of any court, including any reasons given therefore and summaries, shall be published in both official languages where (a) it determines a question of law of interest or importance to the general public, or (b) the proceedings leading to its issuance were conducted in whole or in part in both official languages.»

Maintaining its commitment to online access to justice, the UK Supreme Court is now uploading to YouTube oral summaries of its judgments from the Bench.

Gaber v. Gaber, No. 98 - CV -0483-MA; A106861 (Oregon Court of Appeals, September 26, 2001): Plaintiff wife appealed from a summary judgment for defendant husband in an action for battery and intentional infliction of emotional distress.

This trend stems from the recent Supreme Court of Canada case, Hryniak v Mauldin, which held that «summary judgment rules must be interpreted broadly, favouring proportionality and fair access to affordable, timely and just adjudication of claims.»

However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited for summary judgment because there was little in dispute of a factual nature as it was largely based on materials taken from various blogs.

[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 Indiana Court of Appeals recently reversed a trial court summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip - and - fall that seriously injured an 85 - year - old wCourt of Appeals recently reversed a trial court summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip - and - fall that seriously injured an 85 - year - old wcourt summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip - and - fall that seriously injured an 85 - year - old woman.

In this products liability suit arising from the death of a landscape employee who was killed when a 2007 Hustler Z zero - turn radius riding mower rolled over, a Harrisonburg U.S. District Court grants summary judgment to defendant Excel Industries, manufacturer...

The court agreed with the district court's grant of summary judgment to the defendant in the case, which involved a plaintiff who was injured when a crane he had leased from the defendant allegedly malfunctioned and drove itself over his foot and leg.

Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's court with only issue remaining being award of attorney's fees.

70 Because we drew briefs from Westlaw's database rather than directly from state and federal court dockets across the country, our sample is a convenience sample, and we make no claim that the sample represents each federal and state trial court in proportion to the number of summary judgment motions actually filed.

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»).

First, some states use a summary judgment standard that is less favorable to the moving party than that in federal court.92 Second, federal court judges handle cases from start to finish, whereas many state court cases are not assigned to individual judges until trial.

She will explain how an analysis of the circumstances and timeline of the signing of the prenuptial agreement may preclude courts from making a pretrial ruling on summary judgment as to whether a prenuptial agreement should be enforced or set aside.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

San Bernardino Partner Art Cunningham and San Diego Appellate Partners Jeffry Miller, Ernest Slome, and Brittany Bartold Sutton recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in a negligence suit.

The judge, in denying summary judgment to the employer, pointed out that previous rulings from the Third Circuit Court of Appeals (which includes New Jersey) have found that age gaps as small as five years can sometimes qualify as «sufficiently younger» and satisfy the ADEA, Bloomberg BNA reported.

San Francisco Partner Florence McClain, along with San Diego Appellate Practice Partners Jeffry Miller, Lann McIntyre, and Brittany Bartold Sutton, recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in an asbestos suit.

In addition, the court may order the defendant to publish a summary of the court's judgment, and may also order others to stop distributing, selling or exhibiting material containing the relevant statement, or to remove the relevant statement from a website on which it is posted.

The District Court ruled by summary judgment that SCA's suit was barred by laches (an equitable doctrine that prevents the plaintiff from unreasonably delaying in bringing an action), a decision that was affirmed by the US Court of Appeals for the Federal Circuit.

It varies from case to case depending on whether the parties attempt to resolve the case through negotiation or mediation, on whether the employer files a motion for summary judgment, and on the court in which the case is filed.

The trial court entered summary judgment for the Firm on the basis that the Release immunized the Firm from future claims.

In a family's suit for damages from mold contamination due to water leakage in their military housing, defendants win summary judgment on plaintiffs» claims except for their claim for negligence per se; the Norfolk U.S. District Court also denies defendant...

Represented client after remand from the 3rd Circuit Court granted a renewed motion for summary judgment dismissing a slander per se action for failure to show special harm.

The Court of Appeal found that motion judge failed to assess the fairness of deciding this matter by way of summary judgment given the conflicting evidence and the fact that Rule 76.01 prohibited from cross-examining the plaintiffs on their affidavits.

In my view, absent limited circumstances (such as a trial on damages once liability is determined), the Court should restrict itself from ordering a mini-trial when a party has chosen to tender a deficient evidentiary record on a motion for summary judgment, for a mini-trial ought not to permit a party to buttress or «cooper up» its deficient record.

Apart from a small correction to the partial summary judgment, the Court of Appeal finds no basis to interfere with the Motion Judge's decision.

The trial court ruled in favor of MTPC on summary judgment and concluded that the undisputed evidence showed that G4S repeatedly withheld past due payments from its subcontractors at the same time that it sent certifications to MTPC representing and warranting that those same subcontractors had been paid.

Chambers, who says Nebraska is as good a place for such a case as any since God is omnipresent, asked the court for a summary judgment or for an injunction against God from engaging in the acts detailed in the suit.

Parties seeking to rely on a pre-action admission prior to 6 April 2007, and which has since been withdrawn, are left in an unenviable position whereby: n the party withdrawing the admission does not require the court's permission to resile from such an admission; n only where the case is very strong can an application for summary judgment be contemplated under CPR 24.

The constitutional issue arose from the District Court's view that solicitude for the First Amendment required a more hospitable judicial attitude toward granting summary judgment in a libel case.

Judge rules in Ecolab's favor On July 5, 2005, Magistrate Alonzo P. Wilson of the United States District Court for the Western District of Louisiana entered summary judgment in favor of Ecolab Inc. and dismissed the claims of two nurses who alleged that their exposure to fumes of an Ecolab institutional floor wax stripper containing glycol ethers caused their two babies to suffer from the fatal birth defect anencephaly.

Lord Goldsmith QC of Debevoise & Plimpton and a team from Akin Gump have represented Russian state - owned oil company PJSC Tatneft in its successful appeal in the English Court of Appeal from a summary judgment decision of the English High Court, allowing the case to proceed to trial.

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 district court also found that the State and the DSS violated the Equal Protection clause through their enactment and enforcement of those statutes, enjoined them from further enforcement of those statutes, and granted Larkin summary judgment.