Topic
Summary Judgment
732 published works
Construction Payment Blog
NY Sub Tries To Extend Lien Deadline By Cleaning The Jobsite
Anyone working in the construction industry should be familiar with their right to file a mechanics lien if they don’t get paid. But, in order to file a lien claim,…
A Lawyer's Blog
SUMMARY JUDGMENT AND NOTE OF ISSUE
How many summary judgment motions can be made in a foreclosure action?Wells Fargo Bank, NA v Madlen Apt, 2020 NY Slip Op 00640, Decided on January 29, 2020, Appellate Division,…
Ogletree Deakins Insights
Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment Claim
In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual…
Chicago IP Litigation
Not Following Local Rule 56.1 Statement of Material Fact Requirements Can be Fatal
Crystal Visions, Inc. v. EC Grow, Inc., No. 17 C 7490, Slip Op. (N.D. Ill. Sep. 3, 2019) (Shah, J.). Judge Shah denied declaratory judgement defendant EC Grow’s Fed. R.…
Tort Talk
Superior Court Affirms Dismissal of Case Due to Service of Process Issues
In the non-precedential case of Phillips v. Triple G Farms, Inc., No. 514 MDA 2019(Pa. Super. Oct. 22, 2019 Nichols, J., Dubow, J., Musmanno, J.) (Op. by Nichols, J.) (non-precedential),…
Tort Talk
Summary Judgment Granted in Slip and Fall Where Plaintiff Cannot Prove Dangerous Condition and/or Notice
In the case of Biggs v. Sam’s East, Inc., No. 18-945(W.D. Pa. Oct. 24, 2019 Pupo Lenihan, J.), the court granted summary judgment in favor of a Defendant store after…
Tort Talk
Choice of Ways Doctrine Helps Convince Court To Deny Summary Judgment in a Fall Down Case
In the case of Ruddick v. Calandra, No. 4572-CV-2018 (C.P. Monroe Co. Oct. 21, 2019 Williamson, J.), the court found that issues of fact prevented the entry of summary judgment…
Florida Construction Legal Updates
IS THE ENFORCEABILITY OF A NO-DAMAGE-FOR-DELAY PROVISION INAPPROPRIATE FOR SUMMARY JUDGMENT
Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment? The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL…
Recreation Law
Scott-Moncrieff v. Lost Trails, LLC, 2018 U.S. Dist. LEXIS 146936; 2018 WL 4110742
Scott-Moncrieff v. Lost Trails, LLC , 2018 U.S. Dist. LEXIS 146936 *; 2018 WL 4110742 United States District Court for the Middle District of Pennsylvania August 29, 2018, Decided;…
Recreation Law
Bourgeois v. Snow Time, Inc., 2018 Pa. Super. Unpub. LEXIS 2938; 2018 WL 3868670
Bourgeois v. Snow Time, Inc., 2018 Pa. Super. Unpub. LEXIS 2938 *; 2018 WL 3868670 Bourgeois v. Snow Time, Inc. Superior Court of Pennsylvania August 14, 2018, Decided; August…