Sentences with phrase «survived motions for summary judgment»

Though the bulk of the claims were dismissed, two such cases with allegations of unfair and deceptive trade practices have survived motions 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 best part of defense coverage is that it doesn't matter whether the suit or claim has any merit — coverage applies even if the suit is frivolous, ridiculous, or couldn't possibly survive a motion for summary judgment to dismiss.

Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment

Not exact matches

She added, however, that she was «somewhat skeptical» that the alleged conduct was sufficiently pervasive to survive a later motion for summary judgment.