Topic
Summary Judgment
732 published works
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; August 29,…
New York Commercial Division Practice
Summary Judgment 101: Movants, Make Sure Your Evidence Is In “Admissible Form”
Most litigators are familiar with the requirement that a summary motion be supported with "evidentiary proof in admissible form" establishing the merits of a cause of action or defense. Nevertheless,…
New York Attorney Malpractice Blog
What Is Required to Avoid Summary Judgment?
In Bakcheva v Law Offs. of Stein & Assoc. 2019 NY Slip Op 00844 Decided on February 6, 2019 the Second Department gives an example of what must be demonstrated by plaintiff to…
Class Action & Mass Torts
Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions
The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al.,[1] resolves a split among district courts evaluating the standard that applies to false labeling claims brought…
Tort Talk
Summary Judgment Granted in Store Slip and Fall Case
Summary Judgment was granted to a Defendant in the slip and fall case of Thomas v. Family Dollar Stores of Pennsylvania, LLC, No. 2:17-CV-04989 (E.D. Pa. Nov. 19, 2018 Kelly,…
New York Attorney Malpractice Blog
A Complicated Case, Simplified
Utilisave, LLC v Fox Horan & Camerini, LLP 2018 NY Slip Op 33284(U) December 18, 2018 Supreme Court, New York County Docket Number: 652318/2014 Judge: Kathryn E. Freed is a complicated case involving rotating ownership…
Mortgage Crisis & Financial Services Watch
Jury, Not Judge, Must Decide Meaning of Representations
Last month, New York's intermediate appellate court reversed a grant of summary judgment in favor of plaintiff MBIA Ins. Corp.[1] MBIA, an insurer of RMBS trusts and a common plaintiff…
Product Liability Advocate
The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool
By Russ Vignali
The discovery phase in your products liability lawsuit has been completed and it’s time to decide the next course of action before proceeding to trial. One possibility, of course, is…
SDNY Blog
Judge Pauley: Despite 40,000 Words of Summary Judgment Briefing, Photo of Snoozing Mouse Is Enough to Show There Are Fact Issues
In an opinion yesterday, Judge Pauley denied summary judgment in a case alleging that a certain rodent repeller devices are ineffective, contrary to the defendant’s allegedly false representations. He noted…
Property Insurance Coverage Insights
Residence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit
A New York trial court recently granted an insurer’s motion for summary judgment pursuant to the “Residence Premises Condition” contained in a homeowner’s insurance policy. Aschmoneit v. Adirondack Insurance Exchange,…