Topic
Summary Judgment
731 published works
Zalma on Insurance
Insurer Loses Summary Judgment for lack of Claiming the Existence of Evidence it Had
By Barry Zalma
Insurer Properly Excluded claim for Plaintiff who was not Hospital Confined but Failed to Prove All Elements of Motion Appellate courts will often reverse a motion for summary judgment in…
Delaware Intellectual Property Litigation
Chief Judge Stark Grants Google’s Motion for Summary Judgment of Non-Infringement
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Data Engine Technologies LLC v. Google LLC, Civil Action No. 14-1115-LPS (D.Del. September 9, 2020), the Court granted defendant…
PrawfsBlawg
Palin lawsuit against New York Times continues
Main Saturday, August 29, 2020Palin lawsuit against New York Times continuesSarah Palin sued The Times over an editorial describing a link between the shooting of Gabby Giffords and Palin's PAC's…
Recreation Law
Kuchta v. Opco, 2020 Nev. App. Unpub. LEXIS 549, 2020 WL 3868434
Kuchta v. Opco, 2020 Nev. App. Unpub. LEXIS 549, 2020 WL 3868434 Court of Appeals of Nevada July 8, 2020, Filed No. 76566-COA Reporter 2020 Nev. App. Unpub. LEXIS 549 *;…
Recreation Law
Cannon v. Rock Climb Fairfield, LLC, 2020 Conn. Super. LEXIS 261
Cannon v. Rock Climb Fairfield, LLC, 2020 Conn. Super. LEXIS 261 Superior Court of Connecticut, Judicial District of Fairfield At Bridgeport February 13, 2020, Decided; February 13, 2020, Filed FBTCV186079642S…
Above the Fold
The TTAB: Rule 56(d) Protects Non-Movants from Being “Railroaded” by Premature Summary Judgment Motions
On July 28, 2020, the TTAB issued a precedential decision regarding an underutilized method for responding to summary judgment motions filed before the non-moving party has had a reasonable opportunity…
HeplerBroom Blog
Products Liability Claims and Motions for Summary Judgment
A product liability claim can survive a motion for summary judgment under three theories. For a plaintiff’s product liability negligence claim to proceed, the plaintiff must: (1) allege the product…
Drug & Device Law
Of MDL Plaintiff Fact Sheets and Sham Affidavits
By Bexis
This post is neither written nor reviewed by the Dechert side of the Blog. The recent decision in McLaughlin v. Bayer Essure, Inc., 2020 WL 1625549 (E.D. Pa. April 2,…
Tort Talk
Summary Judgment Granted in Limited Tort Case in Monroe County
In the case of Schmidt-Ramirez v. Burger, (C.P. Monroe Co. N0. 9595-CV-2015 (C.P. Monroe Feb. 27, 2020 Williamson, J.), Judge David J. Williamson granted a defendant's summary judgment motion in…
California Employment Law Update
Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment
By Tony Oncidi
Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote…