Topic
Summary Judgment
732 published works
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…
Recreation Law
Hawkins v. Switchback MX, LLC, 339 F. Supp. 3d 543, 2018 U.S. Dist. LEXIS 155249
Hawkins v. Switchback MX, LLC, 339 F. Supp. 3d 543, 2018 U.S. Dist. LEXIS 155249 United States District Court for the Western District of Pennsylvania September 12, 2018, Decided; September…
Tort Talk
Summary Judgment in a Limited Tort Case Upheld on Appeal
In non-precedential decision in the case of Francisco v. Ludwig, No. 689 MDA 2019 (Pa. Super. March 25, 2020 Lazarus, J., Stabile, J., and Dubow, J.) (Mem. Op. by Lazarus,…
Chicago IP Litigation
Potential Legal Conclusion Does Not Warrant Delaying Summary Judgment
Beckman Coulter, Inc. v. Sysmex Am., Inc., No. 18 C 6563, Slip Op. (N.D. Ill. Feb. 26, 2020) (Lee, J.). Judge Lee denied plaintiff Beckman Coulter (“BCI”) Fed. R. Civ.…
Tort Talk
Summary Judgment Granted in Trip and Fall Case Due To Failure of Evidence as to Cause of Fall
In the case of Koscinski v. Ahrat’s Market, No. 5977-CV-2017 (C.P. Monroe Co. Dec. 20, 2019 Harlacher Sibum, J.), the court granted summary judgment in favor of the Defendant operator…
Ohio Appellate Insights
Merit Decision: Deposition Transcripts Used for Summary Judgment Cannot Be Taxed as Costs. Vossman v. AirNet Sys.Inc.
“We conclude that a discovery deposition conducted outside the presence of a judge is not a proceeding within the meaning of R.C. 2303.21 and thus the cost of procuring the…
California Employment Law Update
Summary Judgment Properly Entered In Favor of DOL in FLSA Case
By Tony Oncidi
Scalia v. Employer Solutions Staffing Group, 2020 WL 992564 (9th Cir. 2020) Employer Solutions Staffing Group ("ESSG") contracts with other companies to recruit employees and place them at jobsites for…
The FCA Insider
3rd Circuit Case of First Impression Clarifies Lower Threshold for FCA Actions
By Patrick Rowan, Edwin O. Childs, Jason M. Vespoli
Government contractors should take note of a March 4, 2020, ruling by the 3rd U.S. Circuit Court of Appeals (Court) that lowers the jurisdictional threshold for establishing a claim under…
Tort Talk
Dead Man’s Rule Applied to Affirm Entry of Judgment in Favor of Deceased Defendant
In its latest application of the Dead Man’s Rule, the Pennsylvania Superior Court in the case of Jones v. Plumer, 2020 Pa. Super. 7 (Pa. Super. Jan. 15, 2020) ruled…
Tort Talk
Plaintiff Precluded From Testifying as to Defendant’s Speed Where Only Saw Vehicle a Split Second Before Impact
In the case of Berklovich v. Quarrick, No. 2567-CV-2018 (C.P. Westmoreland Co. 2020 Scherer, J.), the court granted a defendant's Motion for Partial Summary Judgment and dismissed a Plaintiff's claim…