Topic
Summary Judgment
731 published works
New York Attorney Malpractice Blog
No one Wins in Summary Judgment in this Legal Malpractice Case
Alan Birnbaum, appellant, v James Misiano, et al., respondents. ( SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 5638; Beginning in the late 1990's, the…
Labor Law Prof Blog
Mollica on White v. Baxter Healthcare Corp.: Mixed Motive and Summary Judgement
Paul Mollica at Daily Developments in EEO Law has this excellent post on White v. Baxter Healthcare Corp., No. 07-1626 (6th Cir. July 3, 2008):The Sixth Circuit has now created…
North Carolina Business Litigation Report
LLC Investor Did Not Owe A Fiduciary Duty To The LLC Or Its Members
Today, the Business Court entered an Order granting summary judgment against members of a limited liability company who contended that an investor who was the principal source of funding to…
Civil Procedure & Federal Courts Blog
Converting a Rule 12c motion to a rule 56 motion: Sensations Inc. v. City of Grand Rapids
By Civil Procedure & Federal Courts Blog
Incase you haven’t seen this yet on the Federal Civil Practice Bulletin, theSixth Circuit recently decided Sensations Inc. v. City of Grand Rapids. There, Plaintiffs-Appellants argued that by considering the…
Civil Procedure & Federal Courts Blog
Sixth Circuit: Consideration of Legislative Record Does not Convert a 12(c) Motion into a Summary Judgment Motion.
By Civil Procedure & Federal Courts Blog
Benjamin Spencer over on Federal Civil PracticeBulletin has noted the case of Sensations,Inc. v. City of Grand Rapids, 526 F.3d 291 (6thCir. May 20, 2008). Inthis case the Sixth Circuit held…
Civil Procedure & Federal Courts Blog
Sensations, Inc. v. City of Grand Rapids
By Civil Procedure & Federal Courts Blog
Our friends over at the Federal Civil Practice Bulletin haverecently brought to our attention Sensations, Inc. v. City of Grand Rapids. 526 F.3d 291 (6th Cir. 2008). This case permitsconsideration…
Mass Tort Litigation Blog
Miller on Preliminary Judgments
By joetort
Geoffrey Miller (NYU) just posted an article called "Preliminary Judgments" on bepress. Here is the abstract: This article proposes the preliminary judgment as a meansfor facilitating the settlement of legal…
Civil Procedure & Federal Courts Blog
An Empirical Study on Summary Judgment Rates
By Civil Procedure & Federal Courts Blog
TheFederal CivilPractice Bulletinbrought attention to an article by Professor Theodore Eisenberg and attorneyCharlotte Lanvers. The article analyzes the change in summary judgment ratesfor various types of cases including, civil rights,…
Mass Tort Litigation Blog
New Emprical Study on Summary Judgment
By joetort
An article entitled "Summary Judgment Cases Over Time, Across Case Categories, and Across Districts: An Empirical Study of Three Large Federal Districts," by Theodore Eisenberg & Charlotte Lanvers, just posted…
Labor Law Prof Blog
Summary Judgment in Employment Discrimination Cases
Theodore Eisenberg (Cornell) and Charlotte Lanvers (Disability Rights Educ. & Defense Fund) have just posted on SSRN their empirical study of the effect of the Supreme Court's 1986 summary judgment…