Topic
Summary Judgment
732 published works
British Columbia Insurance Blog
Summary dismissal of an action may not be appropriate when an investigation of the facts is required
Dismissal of an application by the insurer under Rules 22.04(3) and 23.01(1) for a determination of a question of law. The court found that the issue of whether the plaintiffs’ had…
New York Attorney Malpractice Blog
Untimely Summary Judgment Motion in a Legal Malpractice Case
Parties may chart their own litigation course, and often the Court accedes. Here, however, in West Village Assoc. L.P. v Balber Pickard Battistoni Maldonado & VanDerTuin, PC 2012 NY Slip Op 31444(U) …
Civil Procedure & Federal Courts Blog
Now in Print: Papers from Summary Judgment Colloquium
By Civil Procedure & Federal Courts Blog
We covered earlier the Summary Judgment Colloquium that was held at Seattle University last year. The articles and essays from that event are now in print and available here, published by…
The Appellate Strategist
Self-Contradictory Testimony Does Not Necessarily Create A Triable Issue of Fact Requiring Denial of Summary Judgment
It is not uncommon for a deposition witness testifying regarding critical events to make somewhat inconsistent statements under direct- and cross-examination. For decades California trial courts have denied summary judgment…
All About Advertising Law
You Can Fool Some Of The People Some Of The Time But Not Too Many According To A Federal Judge
A federal judge in Los Angeles recently granted the FTC’s motion for summary judgment in the agency’s case against a number of corporate and individual defendants who created and marketed…
Labor Law Prof Blog
Summary Judgment & Pleading
For those who, like me, were unable to attend the New York Law School program on summary judgment and pleading in employment discrimination cases, some of the materials and presentations…
Property Insurance Coverage Law Blog
“Credibility Determinations, The Weighing Of The Evidence, And The Drawing Of Legitimate Inferences From The Facts Are Jury Functions, Not Those Of A Judge…On A Motion For Summary Judgment”
By Shaun Marker
This is a quote from a recent trial court order in a New York state case where Nationwide asked the judge to decide in its favor without submitting the case…
Civil Procedure & Federal Courts Blog
Conference on Summary Judgment, Iqbal, and Employment Discrimination (New York Law School, Apr. 23, 2012)
By Civil Procedure & Federal Courts Blog
As covered earlier, New York Law School is hosting a conference next Monday entitled, Trial by Jury or Trial by Motion? Summary Judgment, Iqbal and Employment Discrimination. Details available here.--A
Property Insurance Coverage Law Blog
Summary Judgment on Late Notice Even Without Per Se Deadlines
Hurricane Wilma litigation carries on in Florida courts, now almost 6 and a half years after the storm. One issue often raised in the litigation is timely notice of the…
Chicago IP Litigation
Facts Shoe-Horned into Local Rule 56.1 Responses are Disregarded
Judge Dow granted defendants summary judgment of invalidity based upon several prior art references in this patent case involving color combinations for a printing system. As an initial matter, the…