Topic
Summary Judgment
732 published works
The Trademark Blog
This Is How We Do Summary Judgement For Music Copyright
The Game, featuring Fifty Cent, released "How We Do" in 2005. Plaintiffs registered copyright for their song 'Elevator" in 2002. Both songs are described as contemporary hip hop songs. Both…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Decision in Ortiz v. Jordan
By Civil Procedure & Federal Courts Blog
The Supreme Court issued a unanimous decision today in Ortiz v. Jordan (covered earlier here and here). Justice Ginsburg delivered the opinion of the Court. From the opinion:We granted review…
Corporate & Financial Weekly Digest
District Court Denies Media Executives Summary Judgment in SEC Action
Co-authored by Jessica M. Garrett The Securities and Exchange Commission brought an enforcement action against three former executives of a major media company, alleging that the executives improperly reported $1…
Civil Procedure & Federal Courts Blog
Symposium Issue on the Future of Summary Judgment Now Available Online
By Civil Procedure & Federal Courts Blog
Available in print and at Akron Law Review is a symposium issue entitled, The Future of Summary Judgment. The issue includes the following articles prepared in conjunction with the 2010…
Civil Procedure & Federal Courts Blog
Brunet on Six Summary Judgment Safeguards
By Civil Procedure & Federal Courts Blog
Edward Brunet (Lewis & Clark Law School) has posted Six Summary Judgment Safeguards to SSRN. Abstract: Summary judgment is under attack. Critics have called summary judgment unconstitutional, overused, a…
Sixth Circuit Appellate Blog
Does Plausibility Have a Role at Summary Judgment?
The Sixth Circuit's split decision in Harris v. J.B. Robinson Jewelers raises thought-provoking questions about application of the Rule 56 summary judgment standard. The pro se plaintiff claimed that the defendant replaced a…
Reverse & Render
When to Raise Summary Judgment Grounds
A party seeking summary judgment must raise all its grounds in the motion itself; raising a ground for summary judgment at the summary judgment hearing will not support the summary…
Civil Procedure & Federal Courts Blog
SCOTUS Oral Argument in Ortiz v. Jordan
By Civil Procedure & Federal Courts Blog
We covered earlier the Supreme Court's grant of certiorari in Ortiz v. Jordan, which presents the issue:"May a party appeal an order denying summary judgment after a full trial on…
British Columbia Insurance Blog
It will be difficult for a property owner to non suit a claim for damages arising from a slip and fall on the owner’s property
The motion for summary judgment by a mall owner ("Cadillac Fairview") was dismissed where the Court found that the allegations in a slip and fall action did not require the…
New York Attorney Malpractice Blog
A Motion for Summary Judgment in Legal Malpractice that Just Can’t be Decided
PROTOSTORM, LLC , -against- ANTONELLI, TERRY, STOUT & KRAUS, LLP, ., Defendants. 08-CV-931 (NGG) (JO) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK 2010 U.S. Dist. LEXIS 109466 [October…