Sentences with phrase «to grant summary judgment»

Thus, the trial court granted summary judgment in favor of the plaintiff.

The trial court granted summary judgment on both claims.

Because the couple had not been married when the loss - of - consortium claim accrued, the trial judge granted summary judgment dismissing it.

However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.

After discovery, the trial court granted summary judgment against the contractor on the grounds that the contractor could not present evidence to prove this essential fact.

However, the court did not grant summary judgment on the issue of whether the plaintiff was authorized to make copies of the compilation.

The court granted summary judgment dismissing the buyer's misrepresentation claim.

It held that motion judges must grant summary judgment if they can reach a fair and just conclusion on the motion.

However, the court granted summary judgment based on the court's own determination that public policy considerations prevented the defendant from being held liable in this situation.

As a result, the court reversed a lower court's decision granting summary judgment in the plaintiff's favor.

The defendant asked the court to dismiss the case by granting their summary judgment motion, and the lower court agreed to do so.

The trial court also granted summary judgment in favor of the licensee on a professional negligence claim.

By granting summary judgment after denying a request to exclude, the lower court determined the expert testimony didn't constitute evidence.

Although the hearing judge did not grant the summary judgment application, he struck out the claims as disclosing no cause of action against the company.

With no discovery on the claim, she was not prepared when the court ruled from the bench that it would grant summary judgment as to her hostile work environment claim.

The trial court granted summary judgment for the defendants.

The lower court granted summary judgment in favor of the defendants.

Since the lower court had denied the expert motion, it shouldn't have granted the summary judgment motion.

The court granted summary judgment on plaintiff's claim of discriminatory advertising, but denied her motions regarding refusal to rent due to family status and discrimination in terms and conditions of rental.

The trial court granted summary judgment for the defendants.

The Second Circuit affirmed a district court's order granting summary judgment for the defendant (PDF file) on a failure to warn claim, and in a separate ruling issued the same day, it affirmed a jury verdict in favor of the defendant on a design defect claim.

Court granted summary judgment of non-infringement in favor of Domino's on five different grounds.

The Massachusetts Supreme Judicial Court has reversed a lower court ruling granting summary judgment to a law firm, saying the firm had failed to use all measures to combat an erroneous ruling by a French court.

If it is just, as the Ontario Court of Appeal has found (Combined Air Mechanical Services Inc. v. Flesh, 2011 ONCA 764, para. 51), to only grant summary judgment in circumstances where it is clear that a trial is not required, how are motion judges going to decide on a summary basis whether a claim has substantial merit, whether the defendant lacks a valid defence and finally what the public interest is in any given dispute?

On December 30, 2013, Judge Scheindlin from the Southern District of New York granted summary judgment motions brought by two defendants in this toxic torts litigation.

(April 5, 2012), the 2nd Circuit confirmed that the § 512 (c) safe harbour requires knowledge or awareness of specific infringing activity but vacated the order granting summary judgment because they were of the view that a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

The case was before the advent of the Civil Procedure Rules 1998 and the judge granted summary judgment under RSC Ord 14 and injunctions to prevent the use of the domain names by the defendants.

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.

Strine granted summary judgment to M&F Worldwide, finding that the board did not breach its duty to shareholders when it approved a $ 25 per share offer by MFW's controlling shareholder, MacAndrews & Forbes (which, in turn, is wholly owned by Ron Perelman).

Otherwise, Judge Smith granted summary judgment to the district on the other claims forwarded by the plaintiffs, including plaintiffs» equal protection claims.

Judges rarely grant summary judgments, and Palm Beach Puppies» lawyers believed they had strong arguments to back their claims.

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

Justice Rosinski granted summary judgment to the Plan and dismissed the Plaintiff's claim.

In an order [PDF] filed on October 4, 2012, Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania granted summary judgment dismissing Linda Eagle's claims that she had been damaged by her former employer's theft of her LinkedIn account.

Judge Buckwalter granted summary judgment for Edcomm, however, based primarily on the fact that Dr. Eagle provided no support for her damage claims and that most of her claims (loss of reputation, loss of business opportunities) are not technically compensable under the Computer Fraud and Abuse Act («CFAA»), 18 U.S.C. § 1030.

On Wednesday, the FDA campaign may have died out altogether, as U.S. District Judge Richard Leon granted summary judgment in favor of five tobacco companies who objected that the proposed warnings would violate their free speech rights, cost millions of dollars to print and require them to feature anti-smoking advocacy more prominently than their own brands.

Finding that Veoh qualifies for protection under the safe harbor provision of the Digital Millennium Copyright Act, U.S. District Judge A. Howard Matz granted summary judgment dismissing Universal's suit.

The trial court ultimately granted summary judgment in Defendants» favor as to all claims resulting in a complete defense for the clients.

The jury trial decline in federal courts coincides with the Supreme Court's 1986 decisions instructing trial courts to grant summary judgments unless the plaintiff proves the probability of the allegations.

In Scott v. Valentine, Goldstein, J. reluctantly granted summary judgment to a firm of solicitors, dismissing Scott's action against them.

A federal district court in Illinois granted summary judgment to defendant in Suarez v. W.M. Barr & Co. on both of these counts.

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.