Topic
Summary Judgment
732 published works
Blaneys Appeals
COURT OF APPEAL SUMMARIES (JULY 11 – JULY 15)
Hello everyone, Below are the summaries of this week’s civil decisions released by the Court of Appeal for Ontario. Topics covered include summary judgment in the context of medmal, fraud…
Resolving Discovery Disputes
Discovery and the Motion for Summary Judgment
In most practices areas, facts are king. The attorney who can discover and present the best “facts” will be the most persuasive when presenting their case to the judge or jury. However, some…
Patents Post-Grant
PTAB Trial Records Leveraged for Summary Judgement Wins
Impact of Concluded PTAB Proceedings on Litigation Patent challenge proceedings of the USPTO's Patent Trial & Appeal Board (PTAB) are designed to provide a low cost, expedited option to district…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 13 – Volume 24 – Restraint on Independent Counsel
By Barry Zalma
Restraint on Independent Counsel The two attorneys assigned to the case had never tried a malpractice action. One had never taken depositions in any bodily injury action. Counsel billed 1,129.5…
Texas Employment Lawyer
Testimony from Plaintiff that she was told the reason she was not selected for a promotion because the department’s executive was suspected of sexually harassing female employees serves as direct evidence of sex discrimination to defeat a motion for summary judgment.
“The Magistrate Judge found that Plaintiff's Title VII discrimination claim is supported by direct evidence, based upon her conversation with Mr. Nowzaradan, wherein he stated she was not promoted to…
New York Attorney Malpractice Blog
Summary Judgment Denied in a Short Affirmance
Sometimes the Appellate Division will opine and give its full reasoning, sometimes not. In Soubbotin v Joseph Potashnik & Assoc., PLLC 2016 NY Slip Op 02800 Decided on April 13, 2016 Appellate…
Gender and the Law Prof Blog
The Overuse of Summary Judgment in Equal Pay Act Cases
By Tracy Thomas
Deborah Thompson Eisenberg, Stopped at the Starting Gate: The Overuse of Summary Judgment in Equal Pay Act Cases, 57 N.Y.L. Sch. L. Rev. 815 (2013)[T]his article provides an empirical analysis of summary…
New York Attorney Malpractice Blog
Motions For Summary Judgment Fail Across the Board
We sometimes wonder why defendants make motions for summary judgment were it seems clear that there are disputed questions of fact. Brown-Jodoin v Pirrotti 2016 NY Slip Op 02606 Decided…
Legal Profession Blog
For A Song
The District of Columbia Court of Appeals affirmed the grant of summary judgment to St. Albans School in connection with claims brought by former attorney Montgomery Blair Sibley.The facts, as gleaned…
New England IP Blog
Sensor Maker Cannot Shake Infringement Suit on Summary Judgment
By Micah Miller
A New Hampshire District Court recently denied defendant sensor makers’ attempt to tilt the case in their favor by denying summary judgment of invalidity and non-infringement. SignalQuest asserted three patents…