Topic
Summary Judgment
732 published works
Oklahoma Insurance Law
Evidence Is Necessary For Products Liability Case To Survive Summary Judgment
Plaintiff purchased an aluminum ladder at his local Home Depot in September 2003. In 2006, Plaintiff fell while using the ladder when one of the legs "folded." In 2008, Plaintiff…
Virgin Islands Law Blog
Summary Judgment Used to Filter Out Unsupported Claims
Summary judgment is a decision by the judge that the claim asserted has no factual issues that need to be given to the jury, and the case may be decided…
British Columbia Insurance Blog
An insurer was granted summary judgment striking a claim commenced by a judgment creditor…
An insurer was granted summary judgment striking a claim commenced by a judgment creditor of the insured as the claim had not been made during the policy period. Sawyer v.…
San Antonio Employment Law Blog
Judges are Killing Title VII of the Civil Rights Act
A federal judge writes a nice blog on federal judges. See herculesandtheumpire.com. He discusses the studies on employment cases in the Northern District of Georgia. I wrote about that study…
New York City Real Estate Litigator
Unopposed motion for summary judgment in foreclosure denied for failing to substitute a party defendant
By Howard Koh
Rockross Fund v. Cumberbatch, Kings County Supreme Court, Index No. 1189/08 This case shows that foreclosing lenders must take care that they do not acquire a deed to the property…
Delaware Intellectual Property Litigation
Judge Robinson Grants in Part Texas Instruments’ Motion for Summary Judgment of Non-Infringement
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Cradle IP, LLC v. Texas Instruments, Inc., Civil Action No. 11-254-SLR (D.Del., November 20, 2013), the Court granted Defendant…
Civil Procedure & Federal Courts Blog
Clermont and Eisenberg on Plaintiphobia
By Robin Effron
Kevin Clermont and Theodore Eisenberg (Cornell) have posted Plaintiphobia in the Supreme Court to SSRN.Through the years debate has raged over whether the Supreme Court’s summary judgment trilogy and Twombly-Iqbal…
Legal Profession Blog
No Expert
The web page of the Idaho State Bar reports a reciprocal disbarment based on a sanction imposed in Oregon:In the Oregon disciplinary case, Mr. Summer represented a plaintiff in a…
British Columbia Insurance Blog
Plaintiff’s claim against defendant insurance brokers dismissed on basis that plaintiff…
Plaintiff's claim against defendant insurance brokers dismissed on basis that plaintiff adduced no expert evidence of standard of care and there was sufficient insurance available to plaintiff. Midas Investment Corp.…
Drug & Device Law
Summary Judgment and Rule 702 Wins in Hip Implant Litigation
Thompson v. Zimmer Inc., 2013 U.S. Dist. LEXIS 137391 (D. Minn. Sept. 25, 2013), is one of the good ones. It stands for the notion that, when the evidence isn’t there, the…