Topic
Summary Judgment
732 published works
The Contingency
Do Plaintiffs Stand a Chance in the Texas Supreme Court — Part 4
Our last four posts on the highest civil court in the Lone Star State went from Bloody Day at Texas Supreme Court (Mar. 28, 2014) to Do Plaintiffs Stand a Chance in…
Drug & Device Law
Rule 702 and Summary Judgment: Together Again
The Northern District of California has just given us a great example of the use of Daubert in connection with summary judgment to get rid of cases that never should have been filed. …
Appellate and Supreme Court
What Notice Is Required When a Summary-Judgment Hearing Is Re-set?
[vc_row type="in_container" full_screen_row_position="middle" column_margin="default" scene_position="center" text_color="dark" text_align="left" overlay_strength="0.3" shape_divider_position="bottom" bg_image_animation="none"][vc_column column_padding="no-extra-padding" column_padding_position="all" background_color_opacity="1" background_hover_color_opacity="1" column_link_target="_self" column_shadow="none" column_border_radius="none" width="1/1" tablet_width_inherit="default" tablet_text_alignment="default" phone_text_alignment="default" overlay_strength="0.3" column_border_width="none" column_border_style="solid" bg_image_animation="none"][vc_column_text]Texas litigators are generally familiar with…
Employment & Labor
Central District Of California Denies Class Certification — And It Wasn’t Even Close
By Eric M. Lloyd, Gerald L. Maatman, Jr., and Laura J. Maechtlen Earlier this week, the U.S. District Court for the Central District of California sent plaintiffs seeking to represent a putative class a reminder…
Blaneys Appeals
Court of Appeal Summaries (June 16-20, 2014)
Winter v Royal Trust Company, 2014 ONCA 473 [Laskin, Rouleau and Epstein JJ.A.] Counsel: G. Sidlofsky, for the appellant Jeffrey Barkin J. Fogarty and P. Masic, for the appellants Kerry…
Civil Procedure & Federal Courts Blog
ABA Pretrial Practice and Discovery Committee Spring Newsletter
The Pretrial Practice and Discovery Committee of the Section of Litigation of the American Bar Association has issued its Spring 2014 newsletter. Spring 2014, Vol. 22 No. 2TABLE OF CONTENTS_________________________________________________________________________________________________________Articles »The…
Texas Employment Lawyer
Where the bad actor is the only person to dispute the facts and deny any discriminatory language was used, this is insufficient to meet defendant’s burden for summary judgment.
By JCOHEN
“Thus, Koopman is the only person who definitely denies that the statements were ever made…. Viewing this evidence in the light most favorable to Plaintiffs, the Court finds that Plaintiffs…
Litigation & Trial
The Supreme Court’s Results-Oriented Summary Judgment Precedent
Civil procedure in the federal courts has changed dramatically over the past few years, primarily through the Supreme Court’s manipulation of doctrine to encourage lower courts to dismiss tort, class…
Texas Employment Lawyer
In determining whether an employee’s rebuttal precludes summary judgment, courts look to see whether an employer’s reason for discrimination or termination was pretextual.
“Pretext may be shown ‘either through evidence of disparate treatment or by showing that the employer’s proffered explanation is false or unworthy of credence.” Hoffman v. Baylor Health Care System,…
Texas Employment Lawyer
Where three of six employees interviewed corroborate that something racially offensive was stated, this was sufficient evidence to create a summary judgment question.
By JCOHEN
“Plaintiffs presented evidence showing that at least three … out of the six employees present in the break room heard Koopman say something that could have been perceived as racially…