Topic
Summary Judgment
731 published works
Duane Morris Insurance Law
Cases We’re Watching: Fifth Circuit Appeal of Summary Judgment on Stowers Demand
By: Daniel B. Heidtke Finding that the Stowers doctrine was not “activated,” the United States District Court for the Southern District of Texas entered summary judgment in favor of an…
Commercial Case Notes
Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice
By John Lundin
On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that…
HeplerBroom Blog
Appellate Court Upholds Summary Judgment in Favor of General Contractor on Issue of Retained Control
Analyzes Illinois appellate court ruling in Neisendorf v. Abbey Paving & Sealcoating on a question of whether contract language calling for a general right to stop work established a duty…
The Present and Ready Blog
“Tragic magic” or relief from your grief?
“[W]e kind of do have a reputation around here for being sticklers for the rules,” a Dallas County district judge quipped when denying a motion for leave to file a…
Commercial Case Notes
Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law
By John Lundin
On October 7, 2024, Justice Schecter of the New York County Commercial Division issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 33565(U), holding that a…
It's Just Business
(Apparent) Litigation by Ambush is Not a Good Tactic in the Business Court
Jeff MacHarg and Alexandra Hirsch Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion, Judge…
Retail & Consumer Products Law Observer
Northern District of California Wipes Away EYECONIC / EYE-CONIC Trademark Litigation
By Preetha Chakrabarti, Suzanne Giammalva
Earlier this month, the U.S. District Court for the Northern District of California ruled in favor of Marc Jacobs and its retailers, refusing to grant summary judgment to Korean luxury…
Tort Talk
Summary Judgment Granted in Case Where Plaintiff Did Not Know What Caused Her to Fall
What caused you to fall?In non-precedential decision in the case of Harkins v. Three Monkeys Croyden, Inc., No. 637 EDA 2023 (Pa. Super. Aug. 2, 2024 Olson, J., Stabile, J.,…
Insurance Law Hawaii
Insured’s Collapse Claim Survives Summary Judgment
The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS…
Canadian Lawyer Mag
Alberta Court of Appeal overturns $9.74-million summary judgment in pipeline leak insurance case
Case hinges on when the insured detected release of pollutants leading to losses