Topic
Summary Judgment
731 published works
Zalma on Insurance
Do Nothing & Lose Automatically
By Barry Zalma
Failure to Respond to Motion for Summary Judgment is Fatal Post 4983 See the full video at https://rumble.com/v6ebira-do-nothing-and-lose-automatically.html and at https://youtu.be/klPwidLKCKk Lawyer: Respond Promptly to Motion for Summary Judgment or…
Commercial Case Notes
Summary Judgment Motion Denied Under the Single Motion Rule
By John Lundin
On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under…
Unpredictable
Comments on Recent Cases: December 2024
By Will Newman
Image credit: https://en.wikipedia.org/wiki/Christmas_lights#/media/File:Schöckingen_Weihnachten_2010_(2).jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent…
Zalma on Insurance
Follow the Rules, or Else
By Barry Zalma
It is Useless to Try to Get Around Local Court Rules Post 4954 In an action for a declaratory judgment regarding an insurance coverage dispute the USDC was presented with…
Tort Talk
Summary Judgment Granted Due To Lack of Evidence of Actual or Constructive Notice of When The Cap of the Spray Bottle that Fell Was Loosened
In the case of Rivera v. CVS Pharmacy, No. 23-4799-KSM (E.D. Pa. Nov. 5, 2024 Marston, J.), the court granted summary judgment in a case where a customer grabbed a…
BuildSmart
Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute
An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps…
Drug & Device Law
Two-fer Tuesday–When Summary Judgment is Granted, Plaintiffs Should be Prepared to Pay Costs
We are all familiar with the phrase—the rules are the rules. Meaning, rules should be enforced consistently, regardless of personal circumstances. Essentially the opposite of—rules are made to be broken. …
Insurance Law Hawaii
Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
The court denied the insurer's motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S.…
Commercial Case Notes
Motion for Summary Judgment in Lieu of Complaint Must be Accompanied by Summons
By John Lundin
On October 10, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Blue Lagoon LLC v. Roth, 2024 NY Slip Op. 34051(U), holding that a motion…
Pierson Ferdinand Blog
Employees Must Provide Actual Evidence of Discrimination to Defeat Summary Judgment
This post is a little more lawyerly than usual.I read an opinion last night from the U.S. Court of Appeals for the Fifth Circuit affirming the district court’s decision to…