Sentences with phrase «to summary judgment motions»

A party may have an action, or part of an action, decided by way of summary judgment motion if there is no genuine issue for trial.

During that time, I have watched more than 50 oral arguments on summary judgment motions.

Last but not least, employers should anticipate that employees will increasingly bring summary judgment motions to resolve bonus entitlement issues that are not agreed to at termination.

However, the court granted the superintendent's and deputy superintendent's summary judgment motion for this claim because individuals are not liable under Title VII.

The case presented the court with the opportunity to discuss how lower courts should handle summary judgment motions filed by the defendant when conflicting facts exists.

In previous posts I have discussed the fact that litigants in some jurisdictions can actually obtain trial dates sooner than they can obtain summary judgment motion dates.

22 Overall, the challenges in deciding summary judgment motions have increased steadily over the years.

The change in the rules is no excuse for a poorly planned summary judgment motion.

I was recently involved in a full day summary judgment motion.

The use of summary judgment motions now means that many wrongful dismissal actions are being decided prior to the conclusion of the notice period awarded to the plaintiff.

The court subsequently invited summary judgment motion on infringement and the client obtained a favorable settlement.

As discussed below, the numbers show that roughly 50 % of reported summary judgment motions are successful in 2012, although it really depends on what's at issue on the motion.

The plaintiffs would have not only needed to have overcome these rulings but were faced with hard - hitting summary judgment motions that could have resulted in dismissal of the entire case.

If you are drafting a complicated summary judgment motion, have your various entries reflect the progress being made on it.

The purpose of summary judgment motion is to obtain a just, speedy, and inexpensive resolution by avoiding a trial in cases where there is no genuine factual dispute.

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

According to Tjaden and Karabus, during Hryniak's first year, judges who dismissed summary judgment motions at the Ontario Superior Court chose not to remain seized, or failed to address the issue of being seized, in 60 per cent of cases.

On December 30, 2013, Judge Scheindlin from the Southern District of New York granted summary judgment motions brought by two defendants in this toxic torts litigation.

Prior to the Rule change, judges hearing summary judgment motions were not allowed to assess credibility, weigh evidence, or draw inferences of fact.

The recent Ontario Superior Court of Justice decision in 2337310 Ontario Inc. v. 2264145 Ontario Inc., 2014 ONSC 4370, addressed a partial summary judgment motion brought by the franchisee of a cafe seeking a declaration that it was entitled to exercise its right of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 («the Act»).

«They're pushing on an open door because they know there's already a bias here,» says University of Windsor Faculty of Law professor Julie Macfarlane of the growing use of summary judgment motions by lawyers acting against unrepresented parties.

In its 2014 seminal decision in Hryniak v. Mauldin, the Supreme Court mandated a «culture shift» in endorsing summary judgment motions as a legitimate way to resolve legal disputes.

Working with Katrina Trask and Erin Chesney, Macfarlane, who's director of the project, compared the results of summary judgment motions involving self - represented parties in both 2004 and 2014, the year in which the Supreme Court of Canada released its landmark decision in Hryniak v. Mauldin.

In response to (1), the ONCA noted that «this is not how summary judgment motions work» and held that the motion judge properly considered the evidence, applied the statutory framework, and determined the appropriate equalization payment.

In this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representatives.

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

Judge Land also denied Tyson's summary judgment motion based on the Portal - to - Portal Act because «there is a genuine issue of material fact as to whether the donning, doffing, and sanitizing activities are «integral and indispensable» to Plaintiffs» principal work activities.»

These successes include obtaining dismissals of class action complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

Instead of starting from scratch, the parties would use affidavits filed in a failed summary judgment motion as their examination - in - chief and the transcripts filed in the motion would serve as discovery materials, said Brown.

First Capital wasn't entitled to costs for participating in four unsuccessful summary judgment motions by the other defendants.

Hryniak strongly endorses summary judgment motions, encourages frequent recourse to both the Rule 20.04 (2.1) powers and ability of the motion judge to order oral evidence at these motions, and relies heavily on a consideration of whether the motion judge has «confidence» in his or her ability to «find the necessary facts and resolve the dispute» in a summary manner.

[2] Increasingly, there is recognition that a culture shift is required in order to create an environment promoting timely and affordable access to the civil justice system... [3] Summary judgment motions provide one such opportunity...

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

Use the litigation tools in Courtroom5 to create your own formatted summary judgment motions, motions in limine, and other documents.

Certainly, motor vehicle accidents continue to happen, but foisting onto motion judges the responsibility to determine summary judgment motions on the basis of assessing credibility on affidavit evidence, rather than viva voce testimony, does little to instill confidence in the minds of litigants that they have had their «day in court».

In April, Silver cast was one of three members to vote against a bill that dealt with «the admissibility of expert affidavits in civil summary judgment motions.»

Words Count: The Empirical Relationship Between Brief Writing and Summary Judgment Success Shaun B. Spencer * and Adam Feldman ** Summary judgment motions are critical tools for lawyers trying to resolve cases.

Instead of saying, «Short - term project,» it's better to say, «Short - term project, summary judgment motion research project, project end date January 31.»

Apple's winning streak continues for now: after (finally) obtaining a preliminary injunction against the Galaxy Tab 10.1 and winning by a wide margin a battle over a long list of expert reports, Apple has just been cleared of infringement of one of the three Samsung patents it was attacking in its very focused summary judgment motions.

Time will tell, on both fronts, but in the meantime it is safe to say that the Supreme Court decision will change summary judgment motions not only in a substantive, but also in a procedural, manner.