Topic
Summary Judgment
731 published works
California Employment Law Blog
Bearing the Burden: Understanding Summary Judgment in Employment Discrimination
In Hittle v. City of Stockton, former fire chief Ronald Hittle claimed religious discrimination, citing remarks by the deputy city manager. Despite Hittle's attempts to use the comments as evidence,…
Understanding the ADA
Convincing Mosaic as a Standard for Deciding Summary Judgment Motions Arrives
I hope everyone is getting back into the swing of the new year. Next week, I will be visiting my daughter in between January term and second semester. I will…
Tort Talk
Watch Your Step — Step Down from Raised Restaurant Table Ruled an Open and Obvious Condition — Summary Judgment Granted
In the case of O’Meara v. Texas Roadhouse, No. C-0048-CV-2022-752 (C.P. North. Co. Dec. 21, 2023 Sletvold, J.), the court granted a Motion for Summary Judgment filed by Texas Roadhouse…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (January 8 – January 12)
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are our summaries of the civil decisions of the Court of Appeal for Ontario for…
Tort Talk
Superior Court Rules that It Can Review A Trial Court's Decision On a MSJ Even After a Jury Verdict
In the case of Coryell v. Morris, No. 1977 EDA 2021 (Pa. Super. Nov. 8, 2023 Bowes, J., King, J., and Pellegrini, J.) (Op. by Pellegrini, J.), the Pennsylvania Superior…
California Construction Law Blog
Motion for Summary Judgment Gets Pooped Upon
By Garret Murai
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about…
Paul W. Mollica Federal Courts Blog
Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach
In Watchous Enterprises v. Mournes, No. 22-3071 (10th Cir. Nov. 30, 2023), the Tenth Circuit holds that the district court did not abuse its discretion by using Fed. R. Civ.…
Food Safety News
Pork producers ask for partial summary judgment ahead of Boston bench trial
By Dan Flynn
Massachusetts Attorney General Andrea Joy Campbell and Massachusetts Commissioner of Agriculture Ashley Campbell, the defendants being sued in federal court by Midwest pork producers, have until Nov. 7 to respond…
Drug & Device Law
Plaintiff’s Expert’s “Gut” Feeling Not Enough to Withstand Rule 702 or Summary Judgment
Listen to your gut. Follow your instincts. Trust your intuition. Great advice in many situations. Like deciding whether to buy skinny jeans or whether to buy your forever home. Or,…
Arkansas Appeals
Denial of a Motion for Summary Judgment as an Appealable Order: Possible, but Rare.
By Andy Taylor
Case: Kenmark Optical, Inc. v. Charles Ford, 2023 Ark. App. 431. Key Takeaway: The denial of a defendant’s motion for summary judgment on an affirmative defense will only be immediately…