Topic
Summary Judgment
731 published works
Tort Talk
Summary Judgment Granted in Parking Lot Case Based on Open and Obvious Doctrine
In the case of Ersick v. Joe’s Store, No. 3082-CV-2022 (C.P. Westmoreland Co. July 25, 2024 Smail, J.), the court addressed issues in a premises liability case. According to the…
Zalma on Insurance
Evidence Needed to Defeat a Motion for Summary Judgment
By Barry Zalma
Although a Doctor is a Professional The Doctor is not a Lawyer Post 4862 See the full video at https://rumble.com/v5cg419-evidence-needed-to-defeat-a-motion-for-summary-ju.html and at https://youtu.be/XkF_R6SizA0 Dr. Megan Rust appealed acting as her…
The Trade Secret Litigator
Ding, Dong, the Rule is Dead: Judge Brown Effectively Enters a Nationwide Ban Preventing Enforcement of the FTC’s Noncompete Rule
By John Marsh
Well, that was quick. After rejecting a request for a nationwide injunction in her original opinion granting the plaintiffs' motion for a preliminary injunction, and then summarily denying a motion…
New York Commercial Division Practice
Return to Sender: Commercial Division Issues Warning Regarding the Fatal Consequences of a “Short Return Date”
As readers of this blog no doubt are aware, clients sometimes take a “shoot first, ask questions later” approach during the early stages of litigation. This is especially true when…
Commercial Case Notes
Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
By John Lundin
On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding…
PrawfsBlawg
12(b)(6), summary judgment, and conflicting video
Main Saturday, August 03, 202412(b)(6), summary judgment, and conflicting videoI think the Fourth Circuit reaches the right place--further proceedings required. A trial court can consider a video on a 12(b)(6)…
Tort Talk
Trial Court Requests Superior Court to Affirm Rulings in Medical Malpractice Action
In the case of Jordan v. Lynde, No. 2021-CV-02616 (C.P. Bucks Co. March 12, 2024 Trauger, J.), the court issued a Rule 1925 Opinion to the Superior Court requesting that…
Legal Profession Blog
Summary Judgment For Departed Employee Of Legal Staffing Company
The United States District Court for the District of Columbia (Judge AliKhan) granted summary judgement to a departed employee of a legal staffing companyHIRECounsel is a company in the legal…
SDNY Blog
Judge Engelmayer: Summary Judgment Is Not Appropriate Where “Uncontradicted” Testimonial Evidence Could Still Be Disbelieved By Jury
In an opinion last week, Judge Engelmayer denied defendant’s motion for summary judgment regarding the “unorthodox transaction” exception to Section 16(b) of the Securities Exchange Act. Previously, the Second Circuit…
Tort Talk
Plaintiff's Claim of Two Impacts Helps To Defeat Summary Judgment Motion in Chain Reaction Accident Case
In the case of Akbar v. Glover, No. 10572-CV-2023 (C.P. Erie Co. May 22, 2024 Ridge, J.), the court denied a Motion for Summary Judgment filed by a Defendant driver…