Sentences with phrase «summary judgment striking»

[1] The plaintiff moves under Rule 20 for partial summary judgment striking out paragraph 7 of the defendant's amended statement of defence.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

And Jones Day's selection of trademark as the subject matter of its strike suit is no surprise, because the biannual AIPLA economic survey has consistently shown that trademark cases typically cost hundreds of thousands of dollars just to reach the summary judgment stage.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

Procedural applications, including for interim payments, summary judgment / strike out, unless orders (see [2017] EWHC 1847 (Ch)-RRB-, security for costs, stay of proceedings, anti-suit injunctions (see [2015] 2 B.C.L.C. 560), and applications for the preservation of material and for specific and enhanced (Puruvian Guano) disclosure (see [2015] EWHC 3761 (Comm)-RRB-.

The list of issues should be used by judges to actively promote a consideration of whether particular issues were appropriate for summary judgment or strike out applications.

Christopher Smith QC examines the pros and cons of a defendant applying for a summary determination (summary judgment or strike out) in a professional liability claim and, by reference to three recent decisions, suggests some practical lessons that can be learned.

Courts must properly examine cases at an early stage to deal with as many as possible on a striking - out or summary judgment basis, rigorously control disclosure, and keep the whole subsequent procedure (and its absolute cost) in proportion to the case.

While the Supreme Court is right to recognize the traditional balance struck by extensive pretrial process and the conventional trial «needs to be re-adjusted,» it is arguable by alluding to motions for directions and sanctioning motions to stay or dismiss improper summary judgment motions, the more immediate re-adjustment brought about by Hryniak will be an increased number of motions in the run - up to summary judgment.

[Note 3] Though noting that the affidavits submitted by the plaintiffs in opposition to summary judgment may have contained hearsay, the judge took no action on the defendants» motion to strike those affidavits.

A fine balance It is accepted that there is always a balance to be struck on a summary judgment application between the risk of injustice to the claimant and the injustice of subjecting defendants to the time and costs of a claim that is fanciful in approach and amount.

Her Statement of Defence is struck out and I award summary judgment in favour of the Plaintiff.

Holding that the claims should be struck out or subject to summary judgment, Coulson J accepted LBWF's submissions that:

[5] Since both motions raise important procedural issues about motions to strike, or stay, summary judgment motions, I have decided to release one set of reasons for both motions.

The company made an application for summary judgment, seeking to dismiss the claim at the outset or, in the alternative, to strike out portions of the claim.

Acting for a wide variety of contracting authorities and utilities, as well as bidder clients on procurement challenges and achieving successful outcomes, by way of negotiation, strike out / summary judgment and swift partial re-run (most recently Cemex UK Operations Limited v Network Rail Infrastructure Limited (2017)-RRB-

Denying defendants» two motions (the summary judgment motion and motion to strike), the Court provides a useful gloss on the operative evidence rules that control e-mail documents in litigation.

Common types of interlocutory applications, such as summary judgment, applications to strike, substitutional service, and dismissal for long delay, are highlighted.

He is particularly experienced in cost effective ways of bringing cases to an end including strike out and summary judgment applications.

For the purposes of a strike out / summary judgment application it was assumed that these allegations were justified (para [40]-RRB-.

The Civil Procedure Rules are very detailed and very technical ranging from the way in which documents should be presented in the litigation, through to timetabling but also including a number of tactical procedural aspects such as, for example, applying to strike out a claim or a defence, applying for summary judgment and making tactical offers to settle.

California Legal Research, Inc. works for you, the attorney, researching the law and performing writing assignments, whether it be appellate briefs or trial motions (summary judgment, demurrer, motions to strike, and the like).

The most common motions are motions to strike and a motion for summary judgment.

However, choosing between Rule 9 - 3 «special case», Rule 9 - 4 «proceedings on a point of law», Rule 9 - 5 «striking pleadings» or the summary judgment or summary trial process under Rules 9 - 6 and 9 - 7 respectively must be approached with care.

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.

Subject: Contracts; Agency; Agents» powers and duties; Agreements; Apparent authority; Quantity surveyors; Striking out; Summary judgments

Libel — Qualified privilege — Meaning — Malice — Summary judgment — Strike out — Abuse of process — Section 5, Defamation Act 1952

Traditional procedural tools are available in a class proceeding, including a motion to strike out the claim as disclosing no reasonable cause of action, or motions to determine issues of law or for summary judgment to both eliminate and narrow claims.