Sentences with phrase «to a motion for summary judgment»

The money disappeared and the investors sued, filing motions for summary judgments, which were granted.

A proactive approach to employment agreement design, in other words, can help mitigate much of the risk associated with the trend toward motions for summary judgment in wrongful dismissal actions.

This court should deny plaintiff's motion for summary judgment for three reasons.

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.

On cross motions for summary judgment, the district court ruled in favor of the plaintiff.

Justice lawyers also filed their own 54 - page motion for summary judgment asking the court to rule in their favor.

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

[38] Both parties submitted that this was an appropriate case to decide by way of their competing motions for summary judgment.

We have considerable experience in seeking and responding to motions for summary judgment in commercial matters.

A strategic decision to counter a Rule 21 motion would be to bring a Rule 20 cross motion for summary judgment.

The parties had brought dueling motions for summary judgment on the issue of the equalization payment.

A recent study found that judges in the Eastern District of Texas granted only 18 % of motions for summary judgment of invalidity.

Justice Brown noted, correctly, that it is conceivable that parties may end up having to make up to three appearances in connection with motions for summary judgment.

Grace dismissed motions for summary judgment against Cassels Brock and Peebles.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first.

We have also obtained countless defense verdicts for our clients by winning motions for summary judgment and other dispositive motions.

Drafted successful motion for summary judgment in favor of an employer in a case involving allegations of respondeat superior and negligent entrustment.

For personal injury lawyers we require proof of 3 cases that have gone to trial in the last 5 years resulting in verdict for that lawyer and we also require 2 motions for summary judgment ruled in favor of that attorney.

For example, he has to do all the original legal research himself; there are no comprehensive trial briefs from opposing counsel to guide him like the ones he enjoyed when he sat as a trial judge deciding motions for summary judgment.

While Ontario judges may be more amenable to granting such motions, they appear less interested in taking up the Supreme Court's call for judges to remain seized of cases when motions for summary judgment fail.

(Georgia filed only a partial motion for summary judgment because the most recent version of the code has yet to be registered.)

For every Federal judge, the system can show you how likely the judge is to grant, partially grant or deny a total of 90 + motions — not just the easy ones like motions for summary judgment or to dismiss, but motions to stay proceedings or remand to state court, motions to certify for interlocutory appeal, motions for attorneys» fees, motions to compel or for an injunction and motions in limine.

194, which is the rule governing motions for summary judgment.

After some litigation, the law firm and Servicer were eventually dismissed following motions for summary judgment, leaving only Fannie Mae — the note holder.

Toronto lawyer Allan Rouben says Corbett is urging parties to treat motions for summary judgment «extremely seriously.»

Given the Supreme Court's direction, it is not unreasonable to insist that those responsible for court administration must overcome scheduling difficulties presented by what is now an aspect of the law concerning motions for summary judgment.»

This particular case involved an appeal of a failed motion for summary judgment brought by the plaintiff - appellants.

The amendments also eliminated the presumption of substantial indemnity costs against a party that brings an unsuccessful motion for summary judgment, in order to avoid deterring parties from bringing such motions.

In their 68 - page motion for summary judgment filed yesterday, the lawyers reiterate their claims that the guidelines violate the Dickey - Wicker Amendment prohibiting research that harms embryos and charges that NIH improperly ignored public comments submitted regarding the draft guidelines.

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.

His memorandum in opposition to a defense motion for summary judgment was due at midnight.

[17] Unlike these procedural motions, motions for summary judgment go to the heart of the merits of the dispute between the clients.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it, an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.

«When the earth moves in employment law: Motions for summary judgment Main Latest Apple v. Does: Jason O'Grady's ISP»

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.»

McDonald J.A. refused to accept that Hryniak and Rule 1.2 give counsel or the parties carte blanche to disregard the requirement to cross appeal for the relief that was eventually granted by the Chambers Judge in this case — summary dismissal of the Appellant's entire claim at their own motion for summary judgment.

After more than two years of protracted and contentious litigation, Justice David Schmidt granted the defendants» motion for summary judgment finding that the plaintiff was unable to support her allegations with any evidence.

In fact, if a Microsoft motion for summary judgment concerning Google's grant - back obligation vis - à - vis all MPEG LA AVC / H.264 patent pool contributors succeeds, the case will just go away, possibly even prior to the upcoming evidentiary hearing.

The Year In Review also provides effective strategies to manage workplace harassment via social media, settle WSIB claims quickly and at minimal cost, as well as details on when employers can resist motions for summary judgment in wrongful dismissal litigation and the most recent legal developments in family status accommodation.