Topic
Summary Judgment
732 published works
Civil Procedure & Federal Courts Blog
Steinman on Appeal of SJ Denials
By Robin Effron
Joan Steinman (Chicago-Kent) has posted The Puzzling Appeal of Summary Judgment Denials: When Are Such Denials Reviewable? to SSRN.An important aspect of summary judgment law is now in great disorder.…
Virgin Islands Law Blog
Superior Court Approves Summary Judgment in Wrongful Death Case
Wrongful death claims are inherently complex for both sides, and in many situations it takes a jury trial to determine fault and if an employer or insurance company needs to…
New York Attorney Malpractice Blog
Too Many Possibilities for Summary Judgment in this Legal Malpractice Case
The essential question in a summary judgment motion is whether after hearing all the arguments, there are still questions of fact upon which reasonable minds differ. If so, then no…
California Employment Law Update
Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures
By Tony Oncidi
On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. …
Canadian Fraud Law
Summary judgment for investment fraud upheld by Supreme Court of Canada
In Hryniak v. Mauldin, released January 23, 2014, the Supreme Court of Canada upheld the finding of fraud against Toronto businessman Robert Hyrniak on a summary judgment motion. The unanimous…
HR Defense
Yes, Employers Can Win Summary Judgment in State Court
Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e.…
North Carolina Business Litigation Report
Don’t Rely On Your Expert’s Speculation To Save You From Summary Judgment
Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker, 2014 NCBC 1. …
Reverse & Render
Dallas Court of Appeals issues rare en banc decision addressing summary judgment practice
By Byron Henry
The Dallas Court of Appeals recently addressed summary judgment practice in a rare en banc opinion. At issue was whether the defendants' no-evidence motion for summary judgment adequately challenged the…
Delaware Corporate & Commercial Litigation Blog
Chancery Rejects Sham Affidavit Argument
Graven v. Lucero, C.A. No. 8919-VCN (Del. Ch. Dec. 20, 2013). Issue Addressed: Whether the sham affidavit doctrine supported the grant of a summary judgment motion. Short Answer: Not based…
Disability, Leave & Health Management Blog
Employer Must Ensure its Doctor’s Medical Opinion is “Thorough and/or Reasonable”
An employer’s losing a summary judgment motion in an employment case is one thing; for a plaintiff to win summary judgment is quite another. Such was the case in Lafata…