Topic
Summary Judgment
731 published works
Reverse & Render
No-Evidence MSJ Need Only Reference Challenged Element
By Byron Henry
The Texarkana Court of Appeals held that a no-evidence motion for summary judgment need only identify the challenged element in order to comply with Rule 166a(i). Plaintiff argued that the…
Delaware Corporate & Commercial Litigation Blog
Summary Judgment Denied Due to Need for More Discovery
Whittington v. Dragon Group, L.L.C., (Del. Ch., Sept. 30, 2008), read opinion here. [The opinion refers to several prior Chancery Court decisions in this case for more factual background, one of…
Reverse & Render
Motions for Summary Judgment and the Specificity Requirement
The defendant moved for summary judgment on the plaintiff's claims based on the statute of limitations. To show the accrual date, the defendant attached several documents to his motion. But the…
Civil Procedure & Federal Courts Blog
Problems with Proposed Rule 56?
By Civil Procedure & Federal Courts Blog
Prof. Adam Steinman recently posted An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process. The abstract follows:The Civil…
Construction Law
Inability to Determine Whether Owner Owed General Contractor when Subcontractor filed Lien Precludes Summary Judgment
By K&L Gates
In Nitro Dynamics v. Petruzzi Bros., Inc., 2008 WL 4635884 (Mass. Super. Ct. Sept. 26, 2008) In this case, a subcontractor sued three defendants - the owner, the general contractor,…
Delaware Corporate & Commercial Litigation Blog
Chancery Denies Summary Judgment on Claim of Breach of Good Faith and Fair Dealing Due To Factual Issue Regarding Missed Deadline
In Amirsaleh v. Board of Trade of New York City, Inc., 2008 WL 4182998 (Del. Ch., Sept. 11, 2008), the Chancery Court explored the contours and the content of the implied…
EvidenceProf Blog
Providing The Answer: Court Denies Summary Judgment In Lawsuit Against Allen Iverson, But Highlights Hearsay Problem
By Colin Miller
I distinctly remember being an 11th grader in Virginia Beach in 1993 when Governor Douglas Wilder pardoned Hampton basketball star Allen Iverson after he was convicted for his role in…
Chicago IP Litigation
Laches Summary Judgment Denied and Bench Trial Set
Integrated Cards, L.L.C. v. McKillip Industries, Inc., No. 06 C 2071, 2008 WL 3286981 (N.D. Ill. Aug. 8, 2008) (Kendall, J.). Judge Kendall denied defendant's motion for summary judgment of…
Legal Profession Blog
Sufficient Evidence
A claim of legal malpractice raised sufficient issues of fact to survive a motion for summary judgment, according to a decision of the New York Appellate Division for the Third…
Mass Tort Defense
Daubert Ruling And Summary Judgment In Lymphoma Case
By Sean Wajert
Judge Stewart Dalzell of the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to Novartis Pharmaceuticals Corp. i