Topic
Summary Judgment
732 published works
EvidenceProf Blog
In Bad Company: Western District Of Michigan Finds Employee Admissions Sufficient To Defeat Summary Judgment Motion In Age Discrimination Case
By Colin Miller
Federal Rule of Evidence 801(d)(2)(D) provides thatA statement is not hearsay if...[t]he statement is offered against a party and is...a statement by the party's agent or servant concerning a matter within…
Civil Procedure & Federal Courts Blog
Decision of Interest: Of Summary Judgment and Ferrets
By Civil Procedure & Federal Courts Blog
The First Circuit's decision in Puerto Rico American Insurance Co. v. Rivera-Vázquez, No. 08-2012, 2010 WL 1781929, 2010 U.S. App. LEXIS 9224 (May 5, 2010), deals with a local "anti-ferret"…
EvidenceProf Blog
Just The Facts: Supreme Court Of North Dakota Finds NDRCP 56(e) Trumps NDRE 705 In Uninsured Motorist Appeal
By Colin Miller
Like its federal counterpart, North Dakota Rule of Evidence 705 provides thatThe expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts…
New York Attorney Malpractice Blog
Experts, Summary Judgment and Legal Malpractice
It is an anachronism in New York practice that there is no specific time in which to name an expert. While the 3d and 4th departments have rules that derive…
Civil Procedure & Federal Courts Blog
Decision of Interest: Deadline to Appeal When a Post-Judgment Motion is Withdrawn
By Civil Procedure & Federal Courts Blog
Howard Bashman at How Appealing reports this week on the Tenth Circuit's decision in Vanderwerf v. SmithKline Beecham Corp. (No. 08-3218), a case involving the defendant’s drug Paxil. After the…
Civil Procedure & Federal Courts Blog
SCOTUS Cert. Grant on Post-Trial Appeals of Summary Judgment Denials (Ortiz v. Jordan)
By Civil Procedure & Federal Courts Blog
The Supreme Court granted certiorari today in Ortiz v. Jordan (No. 09-737), which presents the following question: "May a party appeal an order denying summary judgment after a full trial…
Civil Procedure & Federal Courts Blog
Nagareda on Pre-Trial as Trial in Complex Litigation
By Civil Procedure & Federal Courts Blog
Professor Richard A. Nagareda (Vanderbilt University School of Law) has posted "1938 All Over Again? Pre-Trial as Trial in Complex Litigation" on SSRN. It will be published in the DePaul…
Florida Insurance Blog
3rd DCA Approves Motion for Attorneys Fees Filed 11 Months After Receiving Summary Judgment
By Mark Nation
Florida Rule of Civil Procedure 1.525 requires that any party seeking to tax attorney’s fees and costs “shall serve a motion no later than 30 days after filing of the…
Civil Procedure & Federal Courts Blog
Hot Off The Presses: Recent Articles Of Interest
By Civil Procedure & Federal Courts Blog
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest:Brian T. Fitzpatrick, The End of Objector Blackmail? 62 Vand. L.…
North Carolina Business Litigation Report
Questioning The Failure To Respond To Requests For Admission: Two Opinions From The NC Court Of Appeals
Not responding to Requests for Admissions is dangerous. Rule 36 of the North Carolina Rules of Civil Procedure say that a request is admitted if not answered, and that “any…