Sentences with phrase «summary trial judgment»

[1] This is an appeal from a summary trial judgment that found the City of Salmon Arm («City») liable in negligence for injuries suffered when Cindy Lee Binette tripped over the metal base of a broken traffic sign that was protruding from the sidewalk.

Not exact matches

If you respond, your case can go to trial or the lender can seek a motion for summary judgment.

Judge Wilken's decision to deny the NCAA summary judgment does not mean the NCAA will lose the trial.

MSU probably files a motion for summary judgment, asking the Court to declare them the winner without trial.

The Giants are hoping to convince the New Jersey Superior Court judge to issue a summary judgment and avoid a civil trial.

At that time, the plaintiffs — adult stem cell researchers James Sherley and Theresa Deisher — expect to file what's called a motion for summary judgment, which asks that the case be decided without a trial.

The plaintiffs expect to file a petition for summary judgment tomorrow with Lamberth — a request that he decide the case without a trial.

All parties have submitted motions for summary judgment, which means they are seeking to avoid a trial by asking Judge Dewayne Thomas to rule on the briefs submitted.

Denying request for summary judgment, the Los Angeles Superior Court gave Activision the green light to go to trial with its $ 400 million contract interference lawsuit against Electronic Arts over Call of Duty creators Jason West and Vince Zampella.

Also, I'm pretty confident that if there ever were an actual trial (which there won't be because the claims will be dismissed on summary judgment), with a majority white jury, the Defendants would win pretty easily.

With no billable hours to measure, no depositions to observe, no summary judgment motion results to track, and no trial results to either celebrate or anguish over (and I know, the better lawyer often loses in court), pretty much all the evaluations are «soft» ones.

In addition to the time - related analytics it already had — such as time to dismissal, trial and termination — this new release adds time to permanent injunction and summary judgment.

Following the release of the SCC decision in Hryniak in January of this year, the widely held view was that the decision would deal a death blow to trials in Canada and would open the floodgates to summary judgment motions.

Defeated lawsuit demanding $ 10 million in damages from our client and avoided the cost of a lengthy trial with a winning motion for summary judgment.

Despite all of Allstate's filing, the case still survived summary judgment and will proceed to trial.

In 2009 the Federal Courts Rules were amended to expand the availability of summary judgment and summary trial options.

Any repayment, under the funding agreement is contingent upon the direction and time frame of the Plaintiffs» personal injury litigation, which may be resolved through a myriad of possible outcomes, such as settlement, dismissal, summary judgment, or trial.»

Prior to trial, the DOT filed a motion for summary judgment claiming the agency was not responsible for the crash pursuant to the New Mexico Tort Claims Act.

Arden Engineering filed a motion for summary judgment, which the trial level judge granted.

The trial court subsequently entered summary judgment in favor of the defendant dismissing plaintiff's complaint with prejudice.

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.

The contract claims were disposed of on summary judgment, and fraud claims resulted in a judgment for the defendant after a bench trial.

«Because of the force that a conviction has in a factually overlapping later civil proceeding, the plaintiff in a lawsuit may decide not to wait for trial to obtain a ruling on liability, preferring instead to move for summary judgment on liability to gain an upper hand,» Gracewrites.

She has been recognized by the Court for her success in winning a prisoner civil rights jury trial, and has secured favorable summary judgment decisions in multiple cases.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

The trial court granted the University's request for summary judgment and dismissed the professor's claims.

Summary judgment occurs when a judge rules in favor of one party before going to trial.

At the time of trial, another co-defendant's appeal was pending of a denial of summary judgment concerning immunity.

Prior to trial, the trial court granted the automotive manufacturer's partial summary judgment, holding that a manufacturer does not have a duty to warn about products manufactured by other companies.

The New Jersey Appellate Division agreed, holding that the brokers should have been awarded summary judgment prior to trial.

Wal - Mart made a motion for summary judgment, and the trial court dismissed the case, saying that the patron failed to prove Wal - Mart's negligent act.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

Before the Trademark Trial and Appeal Board, successfully opposed registration of a mark for beverages on summary judgment based on priority and likely confusion with client's identical mark for yogurt products.

The appellate court agreed with the brothers that the trial court erred in entering summary judgment based on its finding that concrete is not defective after finding that «the caustic properties of concrete are common knowledge and not subject to liability.»

Justice Karakatsanis emphasized that summary judgment motions must be granted whenever there is no genuine issue requiring a trial.

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

Before a summary judgment judge should use the expanded powers under Rule 20, they should first determine whether there is a genuine issue requiring trial based on the evidence which is already before them.

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

It has become more and more difficult to get a fair chance at trial due to the anti-employee bias of many federal judges, including the evermore difficult standards required to get past summary judgment.

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».

[49] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.

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.

Any insight gained from the summary judgment motion can be used to manage a trial to resolve the case in a manner which could help focus a trial on the complexities and importance of the case.

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

«Times to summary judgment, time to trial, etc., vary greatly by judge, by court and district,» Byrd said in an email to the ABA Journal.

Alleged infringers increase their trial success rates slightly as plaintiffs, but have not seen the same increased success in summary judgments.

32 percent of summary judgments are appealed, with 59 percent modified or reversed; while 43 percent of trial decisions are appealed, with 67 percent modified or reversed.

Patent holders are successful 37 percent of the time, with a 19 percent win rate in summary judgments and a 57 percent win rate at trial.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

It will show how long it takes in each court to get a permanent injunction, a summary judgment, a claim construction hearing, a dismissal or a trial.