Topic
Summary Judgment
732 published works
Sixth Circuit Appellate Blog
Sixth Circuit Holds That Appellate Court May Consider Other Materials in the Record in Accordance with Fed. R. Civ. P. 56(c)(3)
The Sixth Circuit’s recent decision and resulting partial dissent in LidoChem, Inc. v. Stoller Enterprises, Inc., Case No. 10-1686, provide an interesting analysis of an appellate court’s ability to consider…
San Antonio Employment Law Blog
Fifth Circuit Reverses Summary Judgment
in a recent decision, the Fifth Circuit in New Orleans reversed summary judgment. In Johnson v. Maestri-Murrell Property Management, LLC, No. 11-30914 (5th Cir. 8/14/12), the EEOC found in favor…
California Litigation Blog
Avoid Waiving Your Opposition to Evidentiary Objections.
By Jeff Huron
Must a party oppose written evidentiary objections? The recent decision of Tarle v. Kaiser Foundation Health Plan, Inc., 2012 WL 2529207, though not officially published, answers this question. The Court…
Chicago IP Litigation
Unrebutted Local Rule 56.1 Statement Leads to Summary Judgment
7-Eleven, Inc. v. Spear, No. 10 C 6697, Slip Op. (N.D. Ill. May 11, 2012) (Dow, J.). Judge Dow granted summary judgment to plaintiff 7-Eleven in this contract and Lanham…
Delaware Intellectual Property Litigation
Judge Stark Denies Plaintiff’s Requests for Reconsideration or Reargument of Motion for Summary Judgment of Non-Infringement
By Memorandum Order entered by The Honorable Leonard P. Stark in Cooper Notification, Inc. v. Twitter, Inc., et al., Civil Action No. 09-685-LPS (D.Del., July 16, 2012), the Court denied…
Chicago IP Litigation
Apple v. Motorola: Summary Judgment Summarily Denied
Apple Inc. v. Motorola, Inc., No. 11C 8540, Slip Op. (N.D. Ill. Jun. 5, 2012) (Posner, J. sitting by designation). Judge Posner summarily denied ten motions – seven by defendants…
Delaware Corporate & Commercial Litigation Blog
Chancery Considers Extrinsic Evidence in Granting Motion for Summary Judgment
GRT, Inc. v. Marathon GTF Technology, Ltd., C.A. No. 5571-CS (Del. Ch. June 21, 2012). This relatively short decision offers important statements of Delaware law on contract interpretation and summary…
Delaware Intellectual Property Litigation
Judge Stark Denies Defendants’ Motions for Summary Judgment of Non-Infringement
By Memorandum Opinion entered by the Honorable Leonard P. Stark in Tarkus Imaging, Inc. v. Adobe Systems, Inc., et al., C.A. No. 10-63-LPS (D.Del., June 14, 2012), the Court denied…
Sixth Circuit Appellate Blog
In a split decision, Sixth Circuit sends insurance dispute back for trial
In Phelps v. State Farm Mutual Auto Insurance Company, a split panel yesterday reversed the grant of a summary judgment in a claim brought under Kentucky' Unfair Claims Settlement Practices Act. The…
California Trust, Estate & Probate Litigation
Motions for Summary Judgement By Stewart Albertson
Motions for Summary Judgement