Topic
Summary Judgment
731 published works
Ogletree Deakins Insights
Fifth Circuit Rules Age-Related Comments Must Be Specific to Defeat Summary Judgment
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz, Texas, as the city marshal. In…
Zalma on Insurance
No Harm No Foul – Lack of Damages Defeats Suit Against Broker
By Barry Zalma
Plaintiff Had No Right to Rely on a Certificate of Insurance A suit against an insurance broker for failing to acquire insurance was defeated with a motion for summary judgment…
The Fiduciary Litigator
Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory
In McEndree v. Volke, a beneficiary sued a trustee, her former step father, for breaching fiduciary duties. No. 11-19-00351-CV, 2021 Tex. App. LEXIS 7856 (Tex. App.—Eastland September 23, 2021, no…
California Public Agency Labor & Employment Blog
Summary Judgment Will Be More Difficult For Employers in Whistleblower Cases After California Supreme Court Ruling
By Guest Author
On January 27, 2022, the California Supreme Court unanimously decided that the McDonnell Douglas burden-shifting analysis that is widely used to determine whether an employment discrimination or retaliation case should…
Canadian Lawyer Mag
Summary judgment allowing recovery on promissory note affirmed in Ontario
Judge's reasons adequate, detailed, capable of meaningful review
SDNY Blog
Judge McMahon Decries “Silly and Pointless” Effort to Strike Rule 56.1 Statement
In an opinion Monday, Judge McMahon denied a motion by Blackberry and certain former executives for summary judgement in a securities class action. In the same ruling, she denied Blackberry’s…
New York Attorney Malpractice Blog
Much Ado and No Resolution
In a short year end decision, no one wins a summary judgment decision. This stand-off clearly favors plaintiff, which now enters the new year with a trial to be had. …
New York Commercial Division Practice
Defendants Get Lit Up by the Court on the Fifth Day of Hanukkah
It’s not often that a lawsuit in the Commercial Division between sophisticated parties to an arm’s-length business transaction warrants a blistering rebuke of the parties by the Court. But on…
Tort Talk
Corrected Link To Judge Nealon's Decision in Cereska Granting Summary Judgment on Claims of Recklessness
Below is a corrected Link to the case of Ceresko v. Keystone Container Service, Inc., No. 18-CV-3361 (C.P. Lacka. Co. Nov. 19, 2021 Nealon, J.), in which the court addressed a…
Unpredictable
Comments on Recent Cases: November 2021
By Will Newman
Image credit Part 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…