Topic
Summary Judgment
731 published works
MS Litigation Review & Commentary
Court of Appeals issues thirty-two opinions in one day
The Court of Appeals issued a record (?) thirty-two opinions today leading into the July hiatus. I have not read all thirty-two and hope Tom Freeland or Ipse Blogit beats…
British Columbia Insurance Blog
Waivers declining additional insurance coverage may be valid.
This was an application for summary judgement by the Plaintiff rental car company. The Defendant refused to compensate the Plaintiff after he had damaged a rental car belonging to it. …
Reverse & Render
To Specially Except or Not Specially Except Grounds for Summary Judgment
When should a party specially except to the grounds of a summary judgment motion? Should the non-movant specially except when the grounds are ambiguous? Or if the grounds are not…
The Policyholder Perspective
A Tale of Two Evidentiary Standards
This post was also written by Michael N. DiCanio. Policyholders and their counsel should check out a May 27 ruling denying summary judgment to the insurance company defendants in Bray…
Reverse & Render
Remember That If You Move For Traditional Summary Judgment, You Will Want To Attach Evidence To Support Your Arguments
How effective is a motion for summary judgment that has no evidence attached to it? Not very. Sometimes you can dodge a few bullets. Ultimately, you will get hit. That's…
British Columbia Insurance Blog
Whether an insurance company has acted in good faith is a genuine issue for trial and not suitable for summary dismissal.
Plaintiff Surety brought a motion for summary judgment against the Defendant Construction Companies. The Defendants alleged bad faith in handling the claims. The motion was dismissed, the Court finding a genuine issue…
Legal Profession Blog
Option To Sue
The full text (citations omitted) of a decision today from the New York Appellate Division for the First Judicial Department:Order, Supreme Court, New York County (Richard B. Lowe III, J.),…
The Trademark Blog
The Woody Allen/Annie Hall Epiphany: Summary Judgement Memo in Allen v American Apparel
Memo in support of summary judgement by American Apparel, defendant, against Woody Allen, plaintiff. Background here. From the Table of Contents, Statement of Facts: The Meteoric Rise of Dov Charney…
British Columbia Insurance Blog
Allegations of bad faith will be dismissed on a summary basis if there is no factual basis to the allegations.
The Insured ("Pearlman") brought a claim against the Insurer ("ACI") alleging that, amongst other things, ACI had acted in bad faith, deceitfully and fraudulently in handling Pearlman's claim for medical…
North Carolina Business Litigation Report
JDH Capital, LLC v. Flowers, 2009 NCBC 4 (N.C. Super. Ct. Feb. 13, 2009),(Tennille)
The Court granted a Motion for Summary Judgment, finding that a Letter of Intent containing language which said that it did "not create any binding, contractual rights between Flowers and…