Topic
Summary Judgment
732 published works
New York Attorney Malpractice Blog
In a Liotti Legal Malpractice Case, the Motions Continue and Continue
It seems that in this particular legal malpractice case there have been three successive motions for summary judgment. Supreme Court decided one way, then reversed itself, and re-reversed itself. Finally,…
British Columbia Insurance Blog
Initiation of an arbitration process will forfeit a right to pursue litigation
Successful motion by the insurer for summary judgment dismissing the Motor Vehicle Accident Claims Fund's action because the Fund had commenced the arbitration process and, as a result, was unable…
Civil Procedure & Federal Courts Blog
Meier on the Summary Judgment Standard
By Civil Procedure & Federal Courts Blog
Professor Luke Meier of Baylor University has posted on SSRN his new article, "Probability, Confidence, and the 'Reasonable Jury' Standard."Abstract:The modern summary judgment standard requires that a judge consider how…
Drug & Device Law
Summary Judgment, Sham Affidavits and Ex-Parte Treater Interviews
Today’s case has a lot of little gems. But, it is a short work week, so we’ll try to keep our post short as well. After all, we have pies…
Chicago IP Litigation
Copyright Act Preempts Misappropriation Claim
Morningware, Inc. v. Hearthware Home Prods., Inc., No. 09 C 4348, Slip Op. (N.D. Ill. Sep. 4, 2012) (St. Eve, J.). Judge St. Eve granted in part plaintiff Morningware’s motion…
California Employment Law Update
Summary Judgment Was Properly Granted In Race Discrimination Case
By Tony Oncidi
Batarse v. Service Employees Int'l Union, 209 Cal. App. 4th 820 (2012) Ray Batarse sued the SEIU for race discrimination, among other things, associated with the termination of his employment.…
New York Attorney Malpractice Blog
When the Trial Overtakes the Appeal
In an unusual turn of events, defendant moved to amend his answer and for summary judgment. His motion was denied, and he took an appeal. In an unusual timing situation,…
The Appellate Strategist
Argument Report: When Should a Court Lose the Power to Decertify?
By Kirk Jenkins
Our reports on the oral arguments of the Illinois Supreme Court's September term continue with Mashal v. City of Chicago. Mashal presents an issue of potentially enormous importance to class action…
Chicago IP Litigation
Disputed Reduction to Practice Dates Prevents Invalidity Summary Judgment
Tellabs Ops., Inv. v. Fujitsu Ltd., No. 08 C 3379, Slip Op. (N.D. Ill. July 27, 2012) (Holderman, C. J.). Judge Holderman denied plaintiffs’ (collectively “Tellabs”) motion for summary judgment…
Delaware Intellectual Property Litigation
Magistrate Judge Thynge Denies Plaintiff’s Motion for Leave to File Early Motion for Partial Summary Judgment of Infringement
By Memorandum Order entered in Neology, Inc. v. Federal Signal Corp., et al., Civil Action No. 11-672-LPS-MPT (D.Del., September 21, 2012), the Honorable Mary Pat Thynge denied plaintiff’s motion for…