Topic
Summary Judgment
732 published works
Civil Procedure & Federal Courts Blog
SCOTUS Denies Cert in Summary Judgment Case
Today the U.S. Supreme Court denied certiorari in Salazar-Limon v. City of Houston. Unlike most cert denials, this one prompted written opinions—one dissenting and one concurring. Justice Sotomayor, joined by…
Insurance Law Hawaii
Hawaii Appeals Court Reverses Summary Judgment Determintion Of No Duty To Defend
The Hawaii Intermediate Court of Appeals (ICA) vacated the circuit court's granting of summary judgment to the insurer after determining there was no duty to defend. National Interstate Ins. Co.,…
San Antonio Employment Law Blog
Western District Rejects Same Actor Inference
There are various constructs which serve to limit access to juries for discrimination victims. One of those constructs is the so-called "same actor inference." The same actor inference provides that…
Boom: The ERISA Law Blog
ERISA: Winning Tactic on Summary Judgment to Prove Claimant Received the Policy: Get Key Evidence into the Administrative Record
By Mike Reilly
You know that to apply an exclusion in a policy, the claims administrator must show that the claimant received the policy. But what happens when the claimant submits a declaration…
Mortgage Crisis & Financial Services Watch
Minnesota State Court Defendants Win Partial Summary Judgment Over RFC and ResCap
Wednesday, February 1 brought a welcome development for the many correspondent lenders currently defending against claims filed by (or threatened with future lawsuits by) Residential Funding Company ("RFC") and its…
Hunton Insurance Recovery Blog
“Scanty” Evidence, Big Implications For Court’s Denial Of Insurer’s Summary Judgment Motion
Last Thursday, a federal district judge in New Jersey denied, in part, Travelers Indemnity Company’s (Travelers) motion for summary judgment on claims for indemnity costs because the plaintiff, E.M. Sergeant…
Delaware Intellectual Property Litigation
Chief Judge Stark Grants Defendants’ Motion for Partial Summary Judgment of No Willful Infringement
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Vehicle IP, LLC v. AT&T Mobility LLC, et al., Civil Action No. 09-1007-LPS (D.Del., December 30, 2016), the Court…
Civil Procedure & Federal Courts Blog
Interesting Seventh Circuit Decision on Summary Judgment
It’s a “nonprecedential disposition,” but the Seventh Circuit’s decision last week in Couvillion v. Speedway LLC features an interesting exchange about summary judgment. The majority (Chief Judge Wood & Judge…
Drug & Device Law
Guest Post – Ontario Court Decision Highlights Summary Judgment as a Potential Tool in Class Proceedings North of the Border
By Bexis
What follows is a guest post about a recent favorable decision in Canadian drug/device litigation. Unlike in the USA, product liability class actions cases are often certified in Canada. Thus,…
PrawfsBlawg
JOTWELL: Tidmarsh on Fitzpatrick and Norris on discovery costs
Main Monday, December 19, 2016JOTWELL: Tidmarsh on Fitzpatrick and Norris on discovery costsThe new Courts Law essay comes from Jay Tidmarsh (Notre Dame), reviewing Brian T. Fitzpatrick and Cameron T.…