Sentences with phrase «summary trial motion»

On a summary judgment or summary trial motion, the motion's judge must determine both, whether the motion is appropriate, and if so, a decision on the merits of the issue (s) raised on the motion.

In Collins v. Canada, 2015 FCA 281, all parties appealed decisions on multiple summary trial motions in a public office misfeasance proceeding.

Not exact matches

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

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

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.

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.

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.

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.

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 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.

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.

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

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.

In developing the new Rules, Ontario's Civil Rules Committee did not adopt the Osborne Report recommendation to make available a «mini-trial» as an alternative to dismissing the motion, or a rule for a summary trial.

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.

The trial court denied the summary adjudication motions, determining that the contingency fee prohibition did not apply «outside the litigation context.»

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.

While it will be interesting to follow how this summary judgment motion progresses, this case illustrates that the expanded evidentiary powers on a summary judgment allow the Court to require that further oral evidence be adduced to assist with determining whether a genuine issue requiring a trial exists, even where the matters in dispute deal with complex technical issues.

Brian's practice encompasses all aspects of litigation including pre-suit investigation, taking and defending depositions, managing electronic discovery, drafting successful discovery and summary judgment motions and briefs, negotiating settlement, and trial preparation.

In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimony.

Experienced in all stages of litigation, from conducting discovery to trial and appeal, Gabrielle has an extensive background in drafting motions to dismiss, infringement and invalidity contentions, claim construction and summary judgment briefs, pre-trial and post-trial briefs, and appellate pleadings.

Noting the «full trial has become largely illusory» and Combined Air sets the summary judgment bar «too high,» Hryniak instead emphasizes the powers to weigh evidence, evaluate credibility, and draw reasonable inferences at summary judgment are «presumptively» available to the motion judge.

On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»

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.

Motions for Summary Judgment: Differences Between State and Federal Approaches 14, L.A. Trial Lawyers Association — Advocate, November 1987

21st Century then moved for summary judgment because its policy contained a «Named Driver Exclusion Endorsement» that excluded Roberson from all coverage under the policy; the trial court agreed and granted 21st Century's motion.

What this means is that, where issues can be decided and narrowed without a full trial, parties can use summary judgment motions to expedite the resolution of lawsuits, allowing for access to justice in a timely manner.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

For this reason, our Rules of Civil Procedure provide for the option of a summary judgment motion, which allows the moving party to proceed «directly» to a judge and make a pitch that this particular case can be decided by a motion judge and does not require a full trial.

She routinely drafts or assists with drafting motions to dismiss, discovery motions, motions for summary judgment, Daubert motions, motions in limine, trial briefs, jury instructions, and appellate briefs.

Much more recently, however, the Supreme Court of Canada decision in Hryniak v. Mauldin held that «a trial is not required if a summary judgment motion can achieve fair and just adjudication... and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial».

However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff's notice was inadequate.

Our litigation track record is proof of our sound judgment about when to go to trial, pursue an appeal, or bring a summary judgment motion.

The appellate court was tasked with determining if the trial court was proper to grant the defendant's motion for summary judgment based on the plaintiff's failure to establish that the defendant was negligent.

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

«I think what [Corbett] is getting at there is if you're faced with a motion for summary judgment, put forward the evidence you would lead at trial if you have it available,» Rouben adds.

Arguably, aggressive counsel could obtain a trial date quicker than they could obtain a summary judgment motion date.

In Hryniak, the Supreme Court decided if a judge dismisses a motion for summary judgment, that same judge should preside over the trial in that case.

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

«We love the decision,» he says, adding there's no reason to dispute trial directions like this one unless the parties want to change a response they gave in the summary judgement motion.

He added: «The plaintiff who treats a defence motion for summary judgment as a speed bump on the long highway to trial risks crashing its case in the deep ditch of dismissal.»

In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»

The result was that summary judgment motions were generally only brought in very straight forward cases where, at least in the opinion of one party, there was no genuine issue for trial.