Topic
Summary Judgment
732 published works
Delaware Chancery Law Blog
Court Denies Motion for Reargument; Weighing of Facts Inappropriate on Motion for Summary Judgment
In the recent decision of Henkel Corporation v. Innovative Brands Holding, LLC, C.A. No. 3663-VCN (Feb. 14, 2013), the Court of Chancery denied Plaintiff Henkel Corporation's motion for reargument in…
The New York Probate Litigation Blog
Summary Judgment Granted To Void Trust For Lack Of Capacity
Richmond County Surrogate Robert J. Gigante has ruled that a trust executed by an 88 year old decedent 61 days before her death was void for lack of mental capacity in…
Labor Law Prof Blog
NYLS Law Review Symposium on Trial by Jury or Trial by Motion? Summary Judgment, Iqbal, and Employment Discrimination
The New York Law School Law Review has an interesting new Symposium out which seeks to identify the reasons employmentplaintiffs have far lower success rates on prejudgment and post-judgment motionswhen…
British Columbia Insurance Blog
Subcontractors may not benefit from a third party lease.
Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a…
Chicago IP Litigation
Arguments Disclosed in Summary Judgment are Preserved
CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.). Judge Lefkow granted in part plaintiff CBOE’s motion to strike defendant ISE’s expert witness…
Civil Procedure & Federal Courts Blog
NYLS Law Review Special Issue on Iqbal and Employment Discrimination
By Civil Procedure & Federal Courts Blog
The New York Law School Law Review is pleased to announce the forthcoming publication of Trial by Jury or Trial by Motion?Summary Judgment, Iqbal, and Employment Discrimination An invaluable resource for employment…
Civil Procedure & Federal Courts Blog
Miller on the Deformation of Federal Civil Procedure
By Civil Procedure & Federal Courts Blog
Now available online is an article by Arthur Miller (NYU)entitled SimplifiedPleading, Meaningful Days in Court, and Trials on the Merits: Reflections onthe Deformation of Federal Procedure, 88 N.Y.U. L. Rev.…
Chicago IP Litigation
Parent Cannot Seek Lost Profits Based Upon Subsidiaries Sales
Fujitsu Ltd. v. Tellabs, Inc., No. 09 C 4530, Slip Op. (N.D. Ill. Dec. 21, 2012) (Holderman, C.J.). Judge Holderman granted defendants (collectively “Tellabs”) summary judgment that plaintiff Fujitsu Limited…
California Employment Law Update
Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party
By Tony Oncidi
Rodriguez v. Oto, 212 Cal. App. 4th 1020 (2013) Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of…
British Columbia Insurance Blog
An insurer may not be able to set aside default judgement taken against an insured
Dismissal of a motion by the insurer (statutory third party) to set aside summary judgment on liability against its insureds (the defendant driver and the defendant owner) because the insurer…