Topic
Summary Judgment
732 published works
Drug & Device Law
Partial Summary Judgment in IVC Filters Litigation
This post is from the non-Reed Smith side of the blog. Last week when we posted about some motion in limine rulings coming out of the IVC Filters MDL, most…
The Trademark Blog
Ninth Circuit: Eat Right Foods v Whole Foods: To What Extent Can Acquiescence Defense Be Evaluated At Summary Judgment
Justia summary: The Ninth Circuit vacated the district court's grant of summary judgment for Whole Foods in a trademark infringement action. The panel held that the district court impermissibly resolved…
Drug & Device Law
No Voluntary Dismissal for Plaintiffs, and a Summary Judgment Win for Defendants, in Central District of California Risperdal Case
In the mass torts world in which we find ourselves, glimmers of jurisprudential light can seem few and far between. Two things we love are good warnings causation decisions and…
Reverse & Render
Does Texas follow the “sham affidavit” doctrine?
A “sham affidavit” has been described as referring to an affidavit in which an affiant offers sworn testimony that contradicts the affiant’s prior, sworn testimony on a material point and…
Delaware Bankruptcy Update
In Fact Intensive Issues, You Need a Trial to Provide the Court With the Facts
In a decision signed October 4, 2017 in an adversary proceeding arising within the Haggens bankruptcy (HH Liquidation, LLC, et al., case 16-51204), Judge Gross of the Delaware Bankruptcy Court denied a motion…
In Solvency
In Fact Intensive Issues, You Need a Trial to Provide the Court With the Facts
By Fox Rothschild LLP, Fox Rothschild LLP
In a decision signed October 4, 2017 in an adversary proceeding arising within the Haggens bankruptcy (HH Liquidation, LLC, et al., case 16-51204), Judge Gross of the Delaware Bankruptcy Court denied a motion…
California Employment Law Update
Summary Judgment Was Properly Granted Based On Plaintiffs’ Procedurally Defective Separate Statement
By Tony Oncidi
Rush v. White Corp., 13 Cal. App. 5th 1086 (2017) In this case (which does not involve employment issues), the trial court granted and the Court of Appeal affirmed summary judgment in…
Civil Procedure & Federal Courts Blog
Eleventh Circuit reverses grant of summary judgment against plaintiffs challenging Alabama’s lethal injection protocol
Last week the U.S. Court of Appeals for the 11th Circuit issued a unanimous decision in Grayson v. Warden. The plaintiffs-appellants are challenging Alabama’s three-drug lethal injection protocol, and the…
Tax Controversy 360
Motion Practice – Moving for Summary Adjudication
Summary judgment is a common practice in all courts, including courts hearing tax disputes. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Full or partial…
The Fiduciary Litigator
Summary Judgments In Texas – Presentation in Dallas Aug. 16-18 and Houston Oct. 25-27
By Winstead
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper and presentation on “Summary Judgments In Texas” to the State Bar of Texas’s Advanced Civil Trial…