Sentences with phrase «summary judgment rules»

For personal injury lawyers we require proof of 3 cases that have gone to trial in the last 5 years resulting in verdict for that lawyer and we also require 2 motions for summary judgment ruled in favor of that attorney.

«These reforms embody the evolution of summary judgment rules from highly restricted tools used to weed out clearly unmeritorious claims or defences to their current status as a legitimate alternative means for adjudicating and resolving legal disputes.»

[81] In my view, absent an error of law, the exercise of powers under the new summary judgment rule attracts deference.

The Supreme Court explained that, absent an error of law, the exercise of powers under the new summary judgment rule attracts deference.

Successfully defended plaintiff's motion seeking a preliminary injunction and obtained summary judgment ruling of non-infringement.

A Superior Court judge granted the defendants» motion for summary judgment ruling that plaintiff's claims were preempted by Federal statute and safety regulations promulgated thereunder.

In one of the cases before the appeal court, businessman Robert Hryniak is challenging Superior Court Justice Duncan Grace's summary judgment ruling ordering him to pay investors $ 2 million in a civil fraud case.

Following this successful summary judgment ruling, the case was decertified, and Ms. Webber continues to represent individuals seeking their unpaid overtime.

[link to summary judgment ruling]

The Supreme Court held that the district court properly excluded evidence of the reversed summary judgment ruling and settlement.

The appeals court held that the lower court erred when it excluded evidence at the second trial of a prior summary judgment ruling that the driver lacked insurance and that the insurance company paid a sum of money to settle the third party's claim.

The provision for a presumptive cost award for an unsuccessful summary judgment motion that existed under the former summary judgment rule has been repealed, thereby removing a disincentive for bringing partial summary judgment motions.

Last week, the Supreme Court of Canada released an important decision explaining when summary judgment rules can be used to resolve civil litigation disputes.

Nova Scotia's very restrictive summary judgment rules limit the process to a gatekeeper function of keeping unmeritorious claims out of the system.

Prevailed in international dispute involving sale and transport of semiconductor equipment following summary judgment ruling in U.S. District Court

Obtained summary judgment ruling of non-infringement for our client.

It is interesting to take the Supreme Court's comments in Hryniak in regard to the «new summary judgment rule» in Ontario, and compare that to British Columbia's summary trial tool, which has existed for more than 25 years (now Rule 9 - 7).

She could not have known that her claim for an unequal division would be judged according to the summary judgment rules.

The U.S. District Court of Massachusetts has affirmed a lower Court's summary judgment ruling that Fox News Network, LLC («Fox»), and «Fox and Friends» television personalities, Steve Doocy and Brian Kilmeade, did not defame the Superintendent of the Lewiston, Maine public schools during a morning show, which ran in April, 2007.

Recently, Mr. Brady was a member of the Weil team that successfully represented Dometic Corp. in securing a summary judgment ruling that dismissed a consumer class action alleging that certain of the company's gas absorption refrigerators purportedly contained a latent defect.

The proportion of matters that reach trial has continued to fall throughout North America since the 1985 reform to the summary judgment rule — so much so that studies have examined the phenomenon of the «vanishing trial».

The amendments to summary judgments Rule 20 are considered the most important because they allow courts to resolve disputes more expeditiously and cost effectively than a full blown trial.

The Ontario Court of Appeal is set to deliver long - awaited guidance on judges» authority to use the summary judgment rule.

The Supreme Court's unabashedly broad interpretation of the summary judgment rule, which favours proportionality and fair access for litigants, will undoubtedly result in more summary judgment motions.

Mr. Fitzpatrick obtained a summary judgment ruling in the Middlesex Superior Court dismissing these claims.

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.»

[5] To that end, I conclude that summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just

Marshall Dennehey won a Third Circuit victory over a former teacher who appealed a summary judgment ruling in favor of the teacher's Pennsylvania school district.

After a brief review of the evolution of the summary judgment rule, the Court defined the test as asking not whether the case presents a genuine issue for trial, but «whether there is a genuine issue requiring a trial».

In a recent Texas car accident case, the plaintiff appealed a summary judgment ruling that she take nothing in her claim.

Aylus appealed the summary judgment ruling to the Federal Circuit.

Los Angeles Partners David Shapiro and Christopher Greenleaf and Los Angeles Appellate Partner Caroline Chan recently prevailed in an appeal from a summary judgment ruling in favor of the defendants in a wrongful death premises liability lawsuit.

The Court held that although a motion judge's exercise of the summary judgment rules attracts deference, where a motion judge can not make the necessary findings of fact or apply the legal principles to reach a just and fair determination, the decision is reviewable when the motion judge applies an incorrect principle of law or errs with respect to an extricable question of law.

As explained in Hryniak, the exercise of powers under the summary judgment rule generally attracts deference.

The summary judgment ruling followed the court's July 30, 2015 denial of the plaintiff's motion for class certification, in which the court, among other things, rejected Plaintiff's attempt to apply California law to a nationwide class in this case, concluding that there were material differences in states» right of publicity laws, and that other states» interests in applying their own right of publicity laws outweighed California's.

One of the questions that comes up in considering remedies against so - called SLAPP suits (strategic litigation against public participation) is whether existing procedural remedies like the summary judgment rule are adequate protection against abusive use of the courts.

Elsewhere in Atlantic Canada, the summary judgment rules are more open.

«We were quite excited the court was willing to apply a broad application of the summary trial procedures outside of the summary judgment rules,» says MacDonald.

This was how David Sterns, one of the panel members at an OBA civil litigation session last week, described the Ontario Court of Appeal's 5 December judgment interpreting the new summary judgment rule.

The courts in Ontario have embraced the cultural shift endorsed by the Supreme Court of Canada and are interpreting the summary judgment rules broadly, and favouring proportionality and fair access to affordable, timely and just adjudication of claims.