Topic
Summary Judgment
731 published works
eDiscovery Bytes
Episode 146: Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation
In Episode 146, Kelly Twigger discusses how the failure to preserve text messages from a terminated employee’s supervisor led to sanctions and a denial of the employer’s motion for summary…
Commercial Case Notes
Motion Barred by One Motion Rule
By John Lundin
On May 1, 2024, Justice Bannon of the New York County Commercial Division issued a decision in FX Funding LLC v. Fox Rx Inc., 2024 NY Slip Op. 31587(U), denying…
Commercial Case Notes
Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
By John Lundin
On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U),…
Boston ERISA & Insurance Litigation Blog
Summary Judgment Proceedings in Breach of Fiduciary Duty Litigation: The Lessons of Sellers v. Boston College
I suspect every client I have ever represented in litigation can testify that I am overly fond of the old saying if you have the facts, argue the facts; if…
Commercial Case Notes
Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint
By John Lundin
On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that…
Commercial Case Notes
To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case
By John Lundin
On April 3, 2024, the Second Department issued a decision in Incorporated Vil. of Freeport v. Albrecht, Viggiano, Zurich & Co., P.C., 2024 NY Slip Op. 01800, holding that to…
The Energy Law Blog
Liskow Secures Success on Summary Judgment Motion, Dismissing the Entirety of Plaintiffs’ Personal Injury Claims, with Prejudice
By Melanie Derefinko, Cherrell Simms Taplin
Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).
Insurance Law Hawaii
Court Grants Insurer’s Motion for Summary Judgment After Insured Fails to Provide Evidence of Systemic Collapse
With the insurer conceding that there was evidence of potential collapse at portions of eight specific building locations, the court granted the insurer's motion for partial summary judgment…
Commercial Case Notes
Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment
By John Lundin
On March 15, 2024, the Fourth Department issued a decision in Vial v. Velocity Servers, Inc., 2024 NY Slip Op. 01464, holding that a trial court erred in granting summary…
For Good
Proskauer Obtains Vacatur of Summary Judgment Entered Against Incarcerated Pro Bono Client
Proskauer recently prevailed at the Second Circuit on behalf of our incarcerated pro bono client, James Thomas, in an appeal that determined that Mr. Thomas was not provided adequate notice…