Topic
Summary Judgment
731 published works
Recreation Law
Estate of Blakely v. Stetson Univ. (Fla. App. 2022)
Estate of Blakely v. Stetson Univ. (Fla. App. 2022) THE ESTATE OF NICHOLAS ADAM BLAKELY, BY AND THROUGH MICHELLE WILSON, AS PERSONAL REPRESENTATIVE, Appellant, v. STETSON UNIVERSITY, INC., Appellee. No.…
SDNY Blog
Judge Castel Denies Summary Judgment to Netflix in Defamation Case Over Central Park Five “Docudrama”
In an opinion yesterday, Judge Castel denied a summary judgment motion that sought to dismiss the defamation action brought by former prosecutor Linda Fairstein against Netflix and others over a…
Energy & the Law
Winter Storm Uri – No Summary Judgment This Time
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the…
Insurance Law Hawaii
Insureds’ Experts Insufficient to Survive Insurer’s Motion for Summary Judgment
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur.…
Drug & Device Law
Guest Post – Defendant Pitches A Shut Out And Hits A Home Run In Securing Summary Judgment In A Fosamax Case
By Bexis
Here is another guest post by Reed Smith's Kevin Hara examining the exclusion of a couple of slapdash expert witnesses, and the resultant grant of summary judgment. Since it is…
Louisiana Law Blog
Newest Amendment to Article 966 of the Louisiana Code of Civil Procedure Requires Strict Adherence for Summary Judgment Evidence
The 2023 Regular Legislative Session’s enactment of HB 196 brings robust changes to Louisiana’s summary judgment procedure, set forth in Louisiana Code of Civil Procedure Article 966. The newest amendment…
Recreation Law
Barrett v. New Am. Adventures, LLC (W.D. Pa. 2023)
Barrett v. New Am. Adventures, LLC (W.D. Pa. 2023) COURTNEY BARRETT, AN ADULT INDIVIDUAL; Plaintiff, v. NEW AMERICAN ADVENTURES, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY; ONE AMERICAN WAY, LLC, A…
Paul W. Mollica Federal Courts Blog
Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing
In Schmees v. HC1.com, Inc., No. 22-1214 (7th Cir. Aug. 8, 2023), the Seventh Circuit addresses the “muddled” law of whether district courts may treat new claims raised by a…
Nonprofit Law Prof Blog
University of Chicago Obtains Partial Summary Judgment in Dispute With Pearson Foundation
After more than five years of litigation - see previous coverage of the initial complaint and the federal district court's partial grant of a motion to dismiss - between The…
Proskauer Whistleblower Defense
Illinois Federal Court Grants Employer Summary Judgment on Several Types of Whistleblower Retaliation Claims
By Steven J. Pearlman, Pinchos Goldberg, Shanice Z. Smith-Banks
On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated…