Topic
Summary Judgment
731 published works
New York Attorney Malpractice Blog
Legal Malpractice is Different, After All
In this particular case, it is possible to read through the entire Appellate decision and not even know what was alleged against the attorneys. Rather, on summary judgment, the court…
Legal Profession Blog
Delaware Supreme Court Decision in <em>Ryan v. Lyondell</em>
Posted by Jeff LipshawCourtesy of Steve Davidoff, we've learned that the Delaware Supreme Court has just issued its opinion, reversing the Chancery Court's troubling denial of summary judgment (under §102(b)(7)…
Reverse & Render
Combining No-Evidence Motions for Summary Judgment with Traditional Motions
Can the non-movant in a summary judgment context use the movant's evidence (attached to support a traditional motion for summary judgment) to challenge no-evidence grounds for summary judgment on appeal?…
Chicago IP Litigation
Patent & Procedure News
Here are a few stories you do not want to miss: The Wisconsin Law Journal has an article based upon a Northern District of Illinois case in which a summary…
Chicago IP Litigation
Trading Technologies v. eSpeed: Parties Ordered to Work Out Discovery Issues
Trading Techs. Int'l., Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill. Feb. 17, 2009) (Moran, Sen. J.). Judge Moran denied a motion to reconsider an earlier…
Labor Law Prof Blog
Emden On Summary Judgments in Mixed-Motive Cases
Christopher Emden (William & Mary) has just posted on SSRN his Note, "Subverting Rule 56? McDonnell Douglas, White v. Baxter Healthcare Corp., and the Mess of Summary Judgment in Mixed-Motive…
North Carolina Business Litigation Report
Medicus Healthcare, LLC v. Nazemetz, February 25, 2009 (Diaz)(unpublished)
The Court struck Defendants' Motion for Summary Judgment because it violated Business Court Rule 15.2, which requires that "[]ll motions, unless made orally during a hearing or trial, . .…
Labor Law Prof Blog
The Impact of FRCP Amendments on Summary Judgment in Employment Discrimination Cases
Steve Burbank (Penn) has just posted the following to the Civ Pro listserv (reprinted with permission):Colleagues: Those of you who have been following the proposed amendments to Rule 56 on…
Reverse & Render
Get Written Ruling on Objections to Summary Judgment Evidence
By Byron Henry
The Waco Court of Appeals recently held, once again, that parties should obtain written orders on objections to summary judgment evidence in order to preserve error for review on appeal. The…
British Columbia Insurance Blog
A criminal conviction is prima facie evidence of an intentional act which would exclude coverage under most insurance contracts.
Appellant insured's criminal conviction for intentionally setting fire on his property establishes a successful prima facie case by insurer at trial and shifts the burden to the insured to show…