Topic
Summary Judgment
732 published works
Boundary Dispute Law Blog
Summary Judgment
By Bob Zierman
Last night I had a discussion with someone who I almost instantly regarded as a friend. At one point during our conversation, we talked about these trees in the picture.…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (NOV 16-20, 2015)
Hello everyone, The Court of Appeal released a number of civil decisions this week. Topics included family law, summary judgment, a settlement stemming from the finding of a mouldy piece…
Insurance Law Hawaii
Question of Parties’ Intent Prevents Summary Judgment for Insurer
The insurer's and insured's intent as to which entities were to be insured prevented the insurer's motion for summary judgment. Chaus v. State Farm Fire & Cas. Co., 2015 U.S.…
New England IP Blog
Massachusetts Court Takes the Temperature of Defendant’s Inequitable Conduct Claim on Summary Judgment
In a recent decision out of the District of Massachusetts, Judge Stearns assessed Kaz’s inequitable conduct defense on summary judgment – and found it to come up short by a…
Notice of Appeal
Idaho Supreme Court reiterates that circumstantial evidence can create a genuine issue of material fact on summary judgment
In Krinitt v. Idaho Department of Fish and Game, 2015 Opinion No. 89 (Sept. 25, 2015), the Idaho Supreme Court reversed a district court’s grant of summary judgment in favor…
Drug & Device Law
Making Sense of the Rule 702 and Summary Judgment Orders in A Metal-on-Metal Hip Implant Bellwether Case
We have not posted for a while—that day job can really get in the way sometimes—so we agreed to tackle the ridiculously long decision in Christiansen v. Wright Med. Tech. Inc., MDL…
California Employment Law Update
Trial Court Need Only Rule On Evidentiary Objections That It Deems Material To Summary Judgment/Adjudication Motion (SB 470)
By Tony Oncidi
SB 470 provides that in granting or denying a motion for summary judgment or summary adjudication, the trial court need rule only on objections made to evidence that the court deems…
San Antonio Employment Law Blog
Fifth Circuit Reverses Western District for Making Credibility Determinations
In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court's summary judgment. The court addressed a frequent…
San Antonio Employment Law Blog
Fifth Circuit Still does not Credit Plaintiff’s Testimony
The U.S. Supreme Court issued its decision Tolan v. Cotton, 572 US __, 134 S.Ct. 1861, 188 L.Ed.2d 895 a year ago. But, many courts still do not appreciate its…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (JULY 27-31, 2015)
Hello everyone, Below are the summaries of this week’s Ontario Court of Appeal decisions. Topics covered include summary judgment, new issues on appeal, child and spousal support payment calculations, appeal rights…