Topic
Summary Judgment
731 published works
Tort Talk
Judge Nealon of Lackawanna County Addresses Whether Summary Judgment is Appropriate Sanction for Alleged Spoliation
In the case of McClafferty v. Scranton Electric Heating, No. 2019-CIVIL-2216 (C.P. Lacka. Co. Aug. 5, 2023 Nealon, J.), the court addressed issues with regards to the alleged spoliation of…
Drug & Device Law
Plaintiffs Cannot Turn Their Burden To Prove Causation Into Partial Summary Judgment
Duh. We apologize for the depth of our profundity, but there are some legal principles we think are really obvious. So obvious, in fact, that we might respond to question…
Tort Talk
Summary Judgment Denied In Case of Passing Motorist Injured By Low Hanging Tree
In the case of Cox v. Cemex, Inc., No. 10132 of 2020, C.A. (C.P. Lawr. Co. Dec. 19, 2022 Motto, P.J.), the court denied the Defendant’s Motion for Summary Judgment…
Unpredictable
Comments on Recent Cases: February 2023
By Will Newman
Image credit: https://en.wikipedia.org/wiki/2023_State_of_the_Union_Address#/media/File:President_Joe_Biden_delivers_the_State_of_the_Union._Speaker_Kevin_McCarthy_and_Vice_President_Kamala_Harris_are_behind_him.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (February 20, 2023 – February 24, 2023)
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
Issue of an Alleged Open and Obvious Danger in a Premises Liability Case Allowed to Proceed to Jury
In the case of Pusateri v. Wal-Mart East, LP, No. 21-1137 (W.D. Pa. Dec. 20, 2022 Kelly, M.J.), the court denied a Defendant store’s Motion for Summary Judgment in a…
Prosecution First Blog
Federal Circuit Reverses District Court’s Grant of Summary Judgment of Invalidity
By Publisher
In Mosaic Brands, Inc. v. Ridge Wallet LLC, No. 22-1001, 1002 (Fed. Cir. Dec. 20, 2022), the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part, reversed-in-part, and vacated-in-part…
On Point
TPR summary judgment motion may be filed anytime before trial
By Wisconsin State Public Defender
Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity In a TPR proceeding a motion for summary judgment may be filed any time…
Tort Talk
Court Rules That Party Argue Motion For Summary Judgment Is Premature Where Ample Time For Discovery Had Passed
In the case of Connell v. Zheng, No. 1696 of 2017 G.D. (C.P. Fay. Co. Aug. 15, 2022 Cordaro, J.), the court addressed a summary judgment motion in a food…
San Antonio Employment Law Blog
Summary Judgment Response Needs Evidence
In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when the facts are very strong, the employer wants to "take a…