Topic
Summary Judgment
731 published works
New York Trusts & Estates Litigation
Inter Vivos Gifts, Summary Judgment, and the Dead Man’s Statute
It might well be an understatement to characterize New York’s Dead Man’s Statute (CPLR 4519) as somewhat “enigmatic,” at least to those practitioners who do not often encounter it. Indeed, the…
Civil Procedure & Federal Courts Blog
Is dispositive procedure “fatally flawed”?
Professor Suja Thomas from the University of Illinois has posted a new article to SSRN arguing the answer to that question is emphatically yes. The new article, "The Fallacy of…
British Columbia Insurance Blog
Interpretation of an insurance contract can require a trial if a factual matrix is necessary to determine the context pertaining to the clause in question.
The Defendant insurer brought a motion to dismiss an action concerning a cancellation clause written into an agreement via Summary Judgment. There was ambiguity, and the issue dealt with conflicting…
Litigation & Trial
The Watchmen Movie Ruling: How Typical Lawyer Obstructionism Can Destroy Your Case
On Christmas Eve, Judge Feess in the Warner Brothers / Fox dispute over the movie rights to the noir comic The Watchmen gave Fox what might be a nine-figure Christmas…
Civil Procedure & Federal Courts Blog
A Summary Judgment is Not a Dismissal!
By Civil Procedure & Federal Courts Blog
Click here to download Prof. Bradley Scott Shannon's recent article A Summary Judgment is Not a Dismissal! (exclamation point in original.) The article will appear in Vol. 56 of the…
Civil Procedure & Federal Courts Blog
Converting a 12(b)(6) Motion to Dismiss into a Motion for Summary Judgment under FRCP 56
By Civil Procedure & Federal Courts Blog
A panel of the Second Circuit Court of Appeals recently reinstated a suit arising out of the 1984 Bhopal, India factory explosion. The district court dismissed all of plaintiff's claims…
Connecticut Employment Law Blog
A Tale of Two Summary Judgments: Looking at How Federal Judges May View Cases With a Different Lens
In employment litigation in federal court (let's leave state court out of this discussion -- it's a whole different animal), filing a motion for summary judgment is seen by employers…
Civil Procedure & Federal Courts Blog
Podcasts of Advisory Committee Proceedings Regarding Proposed Changes to Rules 26 and 56
By Civil Procedure & Federal Courts Blog
The Advisory Committee is recommending changes to Rule 26 (Duty to Disclose; General Provisions Governing Discovery) and 56 (Summary Judgment). They summarize their proposed changes in this brochure requesting comment.…
Litigation & Trial
A Friendly Reminder About Summary Judgment: When In Doubt, Use Affidavits To Sustain Your Prima Facie Case
The United States District Court for the Eastern District of Pennsylvania punts an easy one: Counts I and II of the complaint arise under the Truth in Lending Act ("TILA"),…
British Columbia Insurance Blog
To obtain summary judgement one must show that there are no facts in dispute and the claim has no chance of success.
Unsuccessful application by two Insureds for summary judgment, partial summary judgment or an order limiting the Plaintiff's damages to losses not covered by a builder's all-risk policy that had been…