Topic
Summary Judgment
731 published works
Chicago IP Litigation
Summary Judgment Denied for Failure to Comply with LR 56.1
Murata Mfg. Co., Ltd. v. Bel Fuse, Inc., No. 03 C 2934, Order (N.D. Ill. Mar. 5, 2008) (Gottschall, J.).* Judge Gottschall denied plaintiffs' summary judgment motion without prejudice for…
Chicago IP Litigation
Summary Judgment of No Substantial Similarity
Tillman v. New Line Cinema Corp., No. 05 C 910, Slip Op. (N.D. Ill. Mar. 7, 2008).* Judge Kennelly dismissed plaintiff's copyright infringement claims holding that: (1) defendants' allegedly infringing…
Chicago IP Litigation
Parties May Rely on Expert Affidavits for Summary Judgment
Murata Mfg. Co., Ltd. v. Bel Fuse, Inc., No. 03 C 2934, Slip Op. (N.D. Ill. Mar. 5, 2008) (Gottschall, J.).* Judge Gottschall granted plaintiffs' motion to strike defendants' allegedly…
Civil Procedure & Federal Courts Blog
Wasserman Article: Video Evidence and Summary Judgment
By Civil Procedure & Federal Courts Blog
On SSRN, Howard Wasserman recently posted Video Evidence and Summary Judgment: The Procedure of Scott v. Harris. The article now appears in Vol. 91 of Judicature, and the abstract follows:…
British Columbia Insurance Blog
Coverage issues may not be resolvable without a full trial when there are facts in dispute.
A fire burned down the student union building and the gym that was attached to the building. A dispute arose as to whether the losses sustained to the gym were…
Appellate and Supreme Court
Request Did Not Extend Time for Appealing Summary Judgment
In Finney v. Vanderbilt Mortgage & Finance, Inc. (No. 03-07-00329-CV), the Third Court of Appeals reminds us that a request for findings of fact and conclusions of law does not…
Civil Procedure & Federal Courts Blog
Twombly scholarship
By Civil Procedure & Federal Courts Blog
The hot topic this submission season appears to be pleading post-Twombly. Below are the links to and abstracts of some recent works:Professor Lonny Hoffman, Burn Up the Chair with Unquenchable…
New York Attorney Malpractice Blog
Legal Malpractice and Personal Injury Case Dismissed
Here is a textbook example of how courts view legal malpractice cases. Their view does not necessarily comport with the reality of litigation. In Katz v. Herzfeld & Rubin the…
Connecticut Employment Law Blog
Summary Judgment in District Court in Connecticut: An Update
In yesterday morning's post, I indicated that people should be wary of drawing generalities from some recent decisions granting summary judgment for employers. Indeed, I went out of my way…
Connecticut Employment Law Blog
Summary Judgment in Employment Cases is Alive and Well in District of Connecticut (At Least With Judge Bryant)
A few years ago, there was lots of debate among attorneys about whether summary judgment was still a disfavored remedy in employment discrimination cases in federal court. (For those readers unclear…