Topic
Summary Judgment
732 published works
Ohio Appellate Insights
Merit Decision: Court Sides with Law Firm in Legal Malpractice Case. Ratonel v. Roetzel & Andress, L.P.A.
On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer,…
Texas Employment Lawyer
A claimant’s own testimony about job duties may be self-serving, but that does not disqualify it as competent summary judgment.
“At oral argument, counsel for [Defendant] suggested we reject the [Plaintiff]'s evidence as self-serving. But this is summary judgment, and we may not weigh the evidence or make credibility determinations.”…
Reverse & Render
The Interplay Between Federal Rule 56 and Daubert
The Fifth Circuit Court of Appeals’ opinion in Operaciones Tecnicas Marinas, SAS v. Diversified Marine Services, LLC illustrates the interplay between the requirements of Federal Rule of Civil Procedure 56—the…
Employment & Labor
“Convincing Mosaic” Not Required In 7th Circuit
Since its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those…
Civil Procedure & Federal Courts Blog
Fitzpatrick & Norris on Discovery Costs and Post-Summary Judgment Fee-Shifting
Brian Fitzpatrick and Cameron Norris have posted on SSRN a draft of their article, One-Way Fee Shifting after Summary Judgment. Here’s the abstract:New, defendant-friendly discovery amendments to the Federal Rules…
Alcohol Law Advisor
Summary Judgment Granted in Tito’s “Handmade” Vodka Case
By Marc Sorini
On September 27, 2016, the Northern District of Florida issued a decision in Pye v. Fifth Generation, Inc., N.D. Fla. No. 4:14cv493-RH/CAS, one of many false advertising class actions brought…
Legal Profession Blog
Warholed
The New York Appellate Division for the First Judicial Department agreed that a defendant's motion for summary judgment was properly deniedPlaintiff Heather James Jackson, LLC, the owner of an art gallery…
Civil Procedure & Federal Courts Blog
Ever Wonder Which SCOTUS Cases Have Been Cited the Most?
We’re just days away from a new U.S. Supreme Court Term. With some notable exceptions, most folks pay attention to Supreme Court decisions not because of who wins or loses…
The Fiduciary Litigator
Summary Judgment Appellate Issues (SBOT- Civil Appellate Practice 101)
By Winstead
[caption id="attachment_1108" align="alignright" width="394"] 30th Annual Civil Appellate Practice - Austin, Texas[/caption] David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on summary judgment appellate issues…
San Antonio Employment Law Blog
Fifth Circuit Reverses Summary Judgment
The Fifth Circuit issued an interesting decision reversing summary judgment. In Heinsohn v. Carabin and Shaw, No. 15-50300, 2016 WL 4011160 (5th Cir. 7/26/2017), the higher court found the employer…