Sentences with phrase «summary judgment on»

Sipio moved for summary judgment on the basis that the age restriction had a «disparate impact» on familial status, which is defined as «one or more individuals [under the age of 18] being domiciled with... [a parent or legal custodian].»

The appellate court concluded that summary judgment on the negligence claim was improper because disputed facts had to be determined, such as what the licensee knew at the time and to what extent he participated in the actions at issue.

The plaintiffs also moved for summary judgment on the debt.

Thus, the court found that issues of fact remained regarding reasonable accommodation and denied summary judgment on this matter.

The sellers and their broker moved for summary judgment on the buyer's claims against them, and the trial court granted their motion.

The trial court denied Buyer's motion for partial summary judgment on Paramount's liability for professional negligence.7

Green Realty Corp. v. Polidori (224 A.D. 2d 384)- summary judgment on issue of seller's liability granted to broker for commission where broker procured a buyer who was ready, willing and able to purchase property and listing agreement identified broker as sole broker; issue of fact exists as to amount of commission.

However, the court did not grant summary judgment on the issue of whether the plaintiff was authorized to make copies of the compilation.

The court denied summary judgment on the negligence claim.

The trial court originally granted the representative's motion for summary judgment on the misrepresentation claims, finding that the purchaser could not have justifiably relied on the representative's statement because the purchaser was a sophisticated party, had inspected the property, and the title report did not mention beach access.

The appellate court affirmed summary judgment on the dual agency issue and the Act claim.

The licensee moved for summary judgment on the grounds that no agency relationship was established between the licensee and the buyers and that there was no injury to the sellers.

The court granted summary judgment on plaintiff's claim of discriminatory advertising, but denied her motions regarding refusal to rent due to family status and discrimination in terms and conditions of rental.

HAR filed a counterclaim seeking injunctive relief for copyright infringement of the MLS compilations, in addition to other charges, and sought summary judgment on the copyright infringement count.

The court found that the defendant's use of «no children» in its rules constituted a per se violation of the Act's prohibition on discrimination based on family status and granted summary judgment on this claim.

The district court addressed VEPCO's motion for summary judgment on all three claims.

The appraiser moved for summary judgment on the grounds that the property owners were neither a party nor a third - party beneficiary of the appraisal contract, and that the owners could not have relied on the appraisal because it was not furnished to them until after the sale.

The appellate court affirmed summary judgment on the contract claim, finding that the estate did not present any evidence suggesting that the seller failed to understand his decision to convey both surface and mineral rights.

Applause moved for summary judgment on the basis that Kennedy was totally disabled.

(Note: The judge is allowing the defendants to file summary judgment on other issues, namely non-infringement and license).

The motion judge granted summary judgment on the second issue, deciding that Williams could not be vicariously liable for Brunning's allegedly defamatory correspondence.

The motion judge dismissed the motion for summary judgment on the basis that the limitation period did not commence until February 2013, when the respondent received the diagnosis from Dr. Patel.

After service of a Reply alleging malice, C issued an application for rulings on meaning and consequential orders for strike out / summary judgment on the justification defence.

These issues do not lend themselves to resolution by way of summary judgment and as such most SLAPP motions should be doomed to failure as are motions for summary judgment on the same issues.

[54] The accountants responded by moving for summary judgment on the basis that the release released any claim against it arising from the impugned advice.

In Delp v. Fresh Headies Internet Sales Ltd., 2011 FC 1228, the defendant sought summary judgment on the basis that promised utility was not met based on an admission obtained during discovery.

D then instituted proceedings in the High Court for a declaration that the shares passed to M, and applied for summary judgment on the claim.

Sterling Lumber Company v. Harrison, 2010 FCA 21, was a rare instance where the court granted summary judgment on issues of patent validity based on an admission during discovery of sales made prior to the relevant date that embodied the claims of the patent at issue.

Obtaining summary judgment on behalf of oil and gas producer in complex commercial litigation involving purchase of a large block of prime Utica Shale acreage

Obtained summary judgment on all claims at trial court level.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

Obtained summary judgment on all claims, which was affirmed by the Federal Circuit.

The trial court granted the defendant's motion for summary judgment on her failure to warn claim, and a jury entered a verdict in Merck's favor in October 2011 on the design defect claim.

Accordingly, the Court of Appeals concluded that the trial court properly granted summary judgment on the plaintiffs» claims.

The court granted summary judgment on the products liability claim, but denied it on the contractor negligence claim.

In 2009, won summary judgment on behalf of individual defendant of a retailer sued on a retaliation claim.

Obtaining summary judgment on behalf of corporations in a number of high - profile cases involving claims of alleged discrimination, harassment and retaliation

In August 2015, a California federal court granted Weil's motion for summary judgment on behalf of CBS Interactive Inc. (CBSI) in another landmark right of publicity case (Lightbourne) that dismissed all of plaintiff's claims.

Obtained summary judgment on a claim advanced by an injured skier on the basis of a signed legal waiver and a complete absence of negligence on behalf of the ski hill operator.

Obtained summary judgment on a claim advanced by a pedestrian who was injured after tripping on a bicycle rack with the Court finding that there was no evidence that the bike rack posted a hidden or unusual danger.

Petitioners are entitled to summary judgment on their Title VII claim, and we therefore need not decide the underlying constitutional question.

Had Leonard been aware of the Court's opinion on the adequacy of its warning label, perhaps it would not have insisted on further relying upon it in defense of its argument for summary judgment on the plaintiff's negligent design claim.

Orrick won a critical motion for summary judgment on behalf of Dow AgroSciences in a heated battle with Bayer CropScience AG over a Bayer genetically...

Attorney Jeffrey S. Taylor won summary judgment on a case of employment discrimination brought by a woman against a private, religious school.

When that happens, that means that the employer is not entitled to summary judgment on that discrimination claim and that you are entitled to proceed to trial.

Here, since the plaintiff failed to offer any evidence of lost customers stemming from the insurer's acts, it failed to offer enough damages evidence to survive summary judgment on either its consumer fraud or tortious interference claims.

The Richmond U.S. District Court grants a cafeteria summary judgment on plaintiff's slip and fall accident claim because she failed to show the floor mat on which she tripped was a dangerous condition at the time of her fall or...

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...

On appeal, the parents argued that the university wasn't entitled to summary judgment on the basis that their son had assumed the risk.

Contempt of court proceedings for breach of anti-suit injunctions and application for summary judgment on the claim in the underlying English action.