The basic procedural history of the matter (e.g., five depositions,
unsuccessful motion for summary judgment, twelve months from filing to trial, settled one week prior to trial date, etc.),
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.
Not exact matches
First Capital wasn't entitled to costs
for participating in four
unsuccessful summary judgment motions by the other defendants.
«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.
In the Cecil and Cort studies,
unsuccessful motions for partial
summary judgment appear in the «deny» outcome, thus depressing success rates in comparison to our sample.