-- Humans are inconsistent in making
summary judgments of complex information, e.g. reading of X-rays;
Judge Hobgood is expected to hold a hearing possibly this week to determine whether or not to move up his own date for
a summary judgment of the school voucher program, allowing him to potentially rule the program unconstitutional prior to the release of taxpayer funds.
Represented Braintree Laboratories at the Federal Circuit to reverse a district court's grant of
summary judgment of noninfringement for Breckenridge Pharmaceutical, following a patent dispute concerning Breckenridge's planned generic version of Braintree's SUPREP laxative drug.
Resulted in
summary judgment of non-infringement on behalf of Sony.
Successfully defeating attacks on the federal court's subject matter jurisdiction, and then obtaining
summary judgment of foreclosure and title out of foreclosure to the historic beachfront Traymore Hotel in South Beach on behalf of client SR South Beach One, LLC (a spinoff of New York private real estate investment firm Steep Rock Capital).
District Court amended its original claim construction order based on the PTAB's ruling and granted
summary judgment of non-infringement in favor of Ford on the ground that the express disclaimer prevented the patent - in - suit from covering Ford's vehicles.
In addition, Justice Belobaba dismissed the request for
summary judgment of whether the Settlement was unreasonable in the circumstances.
Summary judgment of non-infringement was entered in Devon's favor on all three patents.
The Federal Circuit thus vacated the grant of
summary judgment of non-infringement and remanded the matter for further proceedings.
We obtained
summary judgment of non-infringement of all claims in the Southern District of California, and we subsequently obtained affirmance from the Federal Circuit on appeal.
Prior to obtaining a stay of the underlying district court action, also obtained
summary judgment of noninfringement of all of the client's commercial products.
Paul, Weiss secured
summary judgment of noninfringement in the Southern District of California for Garmin, the world's leading manufacturer of GPS products.
Court granted
summary judgment of non-infringement in favor of Domino's on five difference grounds.
Obtained
summary judgment of non-infringement of four patents asserted against IEE.
Cummins — Allison Corp. v. Glory, Ltd. 2005 WL 711991 (N.D. Ill.)- Represented defendant in winning motion for partial
summary judgment of non — infringement.
Obtained dismissal on motion for
summary judgment of complaint filed against international manufacturing company alleging whistleblower retaliation under the Florida Whistleblower Act.
Her recent work includes representation of an Academy Award - nominated director in litigation over documentary film rights; dismissal on
summary judgment of a $ 30 million art fraud complaint; representation of a shareholder in a business dissolution; and dismissal of a contempt motion against an Internet Protocol Television (IPTV) provider.
We have enjoyed great victories framing scientific issues and positioning cases successfully for Daubert and analogous state - court challenges, often leading to
summary judgment of hundreds of cases in favor of our clients.
Obtained favorable Markman ruling and
summary judgment of non-infringement.
Defeated
summary judgment of obviousness and
summary judgment of lack of enablement in multi-defendant pharmaceutical patent litigations.
Obtained dismissal on
summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent
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.
Obtained dismissal on
summary judgment of suit by disappointed bidder for City of Detroit cable TV franchise which claimed that First Amendment required the grant of multiple franchises
A recent study found that judges in the Eastern District of Texas granted only 18 % of motions for
summary judgment of invalidity.
A recent study found that judges in the Eastern District granted only 18 % of motions for
summary judgment of invalidity while the national grant rate is 31 %.
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;
Ebert argued the earlier agreements were invalid because they amounted to restraint
of trade but Superior Court Justice Frederick Myers granted
summary judgment in favour
of Mars Canada in November 2016.
An Ontario Court
of Appeal justice has warned against «
summary judgment at all costs» in her dissent
of a ruling on the application
of the doctrine
of emergency in a personal injury case.
On July 8, the public got its first view into how the U.S. Department
of Labor will defend its fiduciary rule when it filed a cross motion for
summary judgment, asking the U.S. District Court for the District
of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.
«Because there is no genuine dispute
of material fact that Sulyma had actual knowledge
of the facts comprising claims I and III, as well as knowledge
of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for
summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.
Intel defendants moved for
summary judgment on all
of Sulyma's claims, arguing that the claims are time - barred under the statute
of limitations.
On their motion for
summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement
of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.
Sometimes, headlines are so compelling, that people will simply make a
judgment based on 9 words
of summary instead
of the 600 words
of nuanced, information - heavy copy the headline is referencing.
Branch presents an abundance
of useful evidence suggesting a conflict within the movement (and within King) over its internal politics, but he rarely pulls this material together in
summary fashion, and this is but one
of several themes that are left largely bereft
of sustained analysis and critical
judgment.
In
summary, Koko's creative use
of language in humor, formation
of new words, modulation
of signs, understanding
of metaphor, and self - directed signing provide evidence
of both conscious perception and intuitive
judgments.
In stating in
summary fashion the Christian conception
of the Kingdom
of God we are not pretending that we can see perfectly what this means, nor are we saying that we can arrive at a formal principle which can act as a rule by which all Christian value
judgments can be simply made.
13 Whitehead does not use the term
judgment at this point, but see S 50; PR 100, 260, 267; MT 181 for various
summaries of PI in which its judgmental character emerges.
To avoid this
summary judgment based on the «objective situation»
of divorce and remarriage, Francis implies that what really matters is the «ideal.»
The court ruled that, for purposes
of summary judgment, the plaintiff class established a defect not because their individually purchased products contained biological contaminants, but rather because the act
of recalling potentially contaminated food provided evidence
of a product defect.
In his
judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes
of action against Mr Baxter - common law negligence involving the breach
of a duty to ensure there was no escape
of GM material, and the tort
of private nuisance - they claimed only financial loss.
In June»98 a U.S. District Court in Maryland threw out the suit in
summary judgment, ordering Antonious to pay Spalding's court costs and issuing a $ 30,000 sanction against Stroup's law firm, Finnegan, Henderson, Farabow, Garrett & Dunner, for failing to do an adequate prefiling investigation
of Antonious's claims.
For instance, the judge granted
summary judgment against the NCAA on its argument that scholarship rules «improve [e] the quality
of the collegiate experience for student - athletes, other students, and alumni by maintaining the unique heritage and traditions
of college athletics and preserving amateurism as a foundational principle, thereby distinguishing amateur college athletics from professional sports, allowing the former to exist as a distinct form
of athletic rivalry and as an essential component
of a comprehensive college education.»
The Press
summary of the
judgment explains that «The Fees Order is unlawful under both domestic and EU law because it has the effect
of preventing access to justice.»
Judge Elaine Slobod,
of Orange County Supreme Court in upstate New York, granted partial
summary judgment March 12 for Wah - chung Hsu, who once lived in the hamlet
of Highland Mills, saying in court documents that Wyckoff was in breach
of contract when it did not pay him severance after firing him.
In delivering a
summary of the lead
judgment, Justice Muhammad said he would give his reasons for his decision on November 18.
The suit, which is seeking $ 5 million in compensation for what Westgate claims was an improper termination
of their contract to drain Naurashuan Brook, recently progressed to a point where the county is pressing for
summary judgment.
«Without further evidence
of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for
summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.
The Federal District Court granted the defendant
summary judgment, ruling that plaintiff's evidence did not meet a standard
of «general acceptance» within the scientific community.
The District Court granted
summary judgment to the school district, finding that state law did not bar the district's use
of the racial tiebreaker and that the plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest.
Judge Norman Black
of the U.S. District Court for the Southern District
of Texas, in a
summary judgment, ruled that student - initiated religious - study meetings prohibited by two schools in the Spring Branch Independent School District are, in fact, permissible under the Equal Access Act, according to Maurice Amidei, counsel for the...