Sentences with phrase «summary judgment in»

The circuit court granted summary judgment in favor of Exxon.

The court reversed summary judgment in favor of the licensee.

The Circuit Court of Cook County issued summary judgment in favor of the salesperson and the broker.

Therefore, there was no violation of the Telephone Consumer Protection Act and the court granted summary judgment in favor of the licensee.

The trial court entered summary judgment in favor of Managing Broker, holding that she had no knowledge of the substance or details of the transaction, and that «neither Tennessee statutes nor Tennessee case law suggests that managing brokers» duty to supervise their affiliates can create liability on the part of the managing broker where the managing broker has no direct involvement with or knowledge of the transaction.»

The trial court entered summary judgment in favor of the licensee on the basis of a contract provision stating that the purchasers would rely solely on the representations of the sellers and third parties other than the licensee.

The appeals court held that the summary judgment in favor of the Sullivans, as sellers, would stand.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

Sholom & Zuckerbrot Realty Corp. v. Citibank (205 A.D. 2d 336) alleged oral brokerage agreement not within Statute of Frauds (GOL § 5 - 701 [a][10]-RRB-; summary judgment in favor of Citibank reversed and broker's motion for certain discovery granted; issues of fact are raised as to whether binding oral brokerage agreement existed (notwithstanding that bank did not own property, its position was enhanced as mortgagee).

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Attorneys for Zillow filed a motion late last week asking the judge to grant summary judgment in its favor as a matter of law — referring to a recent 9th Circuit Court decision in the case Perfect 10 Inc. v. Giganews Inc. — before the jury is permitted to issue a verdict.

The district court granted summary judgment in favor of Coldwell.

The Court affirmed summary judgment in favor of Vendor on the negligent misrepresentation claim.

In Thompson v. DeKalb Board of REALTORS ®, the 11th Circuit addressed the district court's grant of summary judgment in favor of the defendant Board and MLS, dismissing plaintiffs» claim that the Federal antitrust laws are violated by the requirement that brokers be REALTORS ® to gain access to the Board's MLS.

Thus, the court reversed summary judgment in favor of Broker on the negligent misrepresentation claim.

Summary judgment in favor of all defendants was entered on December 19, 1994.

In affirming the lower court's grant of summary judgment in favor of Companies, the appellate court roundly rejected application of HUD's «fourth factor» test, holding that the policy statement amounted to «non-binding advice about the agency's enforcement agenda.»

The trial court entered summary judgment in favor of the Sellers and dismissed the lawsuit against the Broker.

The court affirmed summary judgment in favor of the licensee.

The trial court also granted summary judgment in favor of the licensee on a professional negligence claim.

Successfully obtained summary judgment in three ERISA collection cases in Federal District Court as the lead attorney within only sixteen months after passing the Minnesota State Bar Examination

We have also written about unfair rules that make it harder for patent defendants to file for summary judgment in the Eastern District of Texas.

Although our firm did not act in that case, one of the lawyers at our firm who practises in the area of commercial litigation, appeared as co-counsel for the 13 plaintiffs (one of which was Mauldin) who responded to the appeal to the Supreme Court of Canada in Hryniak v. Mauldin, responded below to the appeal in the Ontario Court of Appeal, and who obtained summary judgment in the Ontario Superior Court of Justice, being the judgment which was appealed.

The court then granted summary judgment in favor of defendants, finding that defendants did not infringe and that the asserted claims of the patent were invalid in light of prior art that pre-dated the earliest conception date that Taurus could prove.

Defendant Wal - Mart Stores seeks summary judgment in this slip - and - fall 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.

The Fifth Circuit granted summary judgment in favor of Verizon after discovery.

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.

Other topics covered this week included seeking intervener status in an environmental contamination case, automobile insurance, MVA jury trials, motions for summary judgment in the class action context, breach of confidence, family law, bankruptcy and insolvency and solicitors» liens and charging orders.

* The Department of Education has filed a motion for summary judgment in a suit brought by the ABA over public service loan forgiveness, claiming that its forgiveness eligibility determinations won't be final until 10 years have passed and that any eligibility letters sent thus far are nonbinding and merely advisory.

She was granted summary judgment in respect of her counterclaim.

We have not heard much about this lately, partly because a summary judgment in 2007 stated that Novell owned the Unix code.

However, they are not issues that lend themselves to determination on a motion for summary judgment in circumstances such as this, in my view, particularly where the action is being processed in the simplified procedure regime...

An award of partial summary judgment in these circumstances may lead to inconsistent results to the extent the misrepresentation claims were not barred due to a limitation period.

The plaintiffs moved for summary judgment in 2011, and Alea filed a cross-motion for summary judgment.

The same preemption arguments were made — and prevailed — supporting summary judgment in Swanson.

The Chambers Judge grants summary judgment in favour of the Respondent and the Appellant appeals to the Court of Appeal.

KWIKA partners Michael Kump, Jonathan Steinsapir and Gregory Korn won summary judgment in federal court in Orlando for KWIKA clients Kim Kardashian West, and Kourtney and Khloe Kardashian.

[23] Since Hryniak, this court has considered partial summary judgment in Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450 (CanLII), 120 O.R. (3d) 438 and in Canadian Imperial Bank of Commerce v. Deloitte & Touche, 2016 ONCA 922 (CanLII), 133 O.R. (3d) 561.

Since the Court of Appeal determined s. 9 of the Crown Liability and Proceedings Act operates to bar the Appellant's claim, there was no genuine issue requiring a trial and the Motion Judge's decision to grant summary judgment in favour of the Respondents was upheld.

The Top Court sustained the Providence Superior Court's granting of summary judgment in favor of the Insurance Company.

The parties resolved the dispute in November 2017 after filing motions for summary judgment in late May 2017.

Obtained summary judgment in several matters resulting in precedential opinions.

In Rowe v. Gibson, a divided panel of the federal Court of Appeals for the 7th Circuit dismissed the defendants» motion for summary judgment in their favour.

Thus, it was an error for the lower court to grant summary judgment in favor of the defendants.

The Ontario Court of Appeal in Butera v. Chown, Cairns LLP, 2017 ONCA 783, recently overturned an award of partial summary judgment in a professional negligence action and provided guidance on the appropriate circumstances in which partial summary judgment motions should be brought.

As a result, the motion judge granted summary judgment in favour of L'Image Enterprises for the amount claimed with

Miguna claimed he didn't consent to any publication, production, or release of the book by the defendants, Ontario Superior Court Justice Graeme Mew noted in his decision this month granting summary judgment in the case.

l When the case involves an allegation of serious fraud or dishonesty, generally conclusions on such issues ought to be reached at trial, caution ought to be exercised before giving summary judgment in a case of that nature (Wrexham Associated Football Club v Crucialmove Ltd [2006] EWCA Civ 237, [2006] All ER (D) 199 (Mar)-RRB-.

The appellate court affirmed the lower court's granting of summary judgment in favor of the restaurant manager.