Topic
Summary Judgment
731 published works
Delaware Corporate & Commercial Litigation Blog
Motion to Dismiss versus Motion for Summary Judgment
In Black v. Gramercy Advisors, LLC, 2007 WL 2164286 (Del. Ch., July 23, 2007), read opinion here, the Chancery Court in a short letter opinion rejects a motion for reargument…
New York Attorney Malpractice Blog
Plaintiff agrees to Late Motion for Summary Judgment, but Appellate Division denies anyway
Motion for summary judgment made by defendant 125 days after note of issue. Plaintiff did not object, and may have consented. AD held that only court may grant extensions, stipulations…
Chicago IP Litigation
Late Requested 56(f) Cannot Save Summary Judgment
Hickory Farms, Inc. v. Snackmasters, Inc., No. 05 C 4541, 2007 WL 1576124 (N.D. Ill. May 29, 2007) (Kennelly, J.). Judge Kennelly denied plaintiff's motion for reconsideration of the Court's…
Delaware Corporate & Commercial Litigation Blog
Summary Judgment Practice in Chancery Court
Orloff v. Shulman, 2007 WL 1862742 (Del. Ch., June 20, 2007), read opinion here, is merely one paragraph long, but this letter decision is worth noting for its insight from the bench into the…
Chicago IP Litigation
Claim Constructions Lead to Summary Judgment of Noninfringement
Trading Techs. Int'l., Inc. v. eSpeed, Inc., No 04 C 5312, Slip op. (N.D. Ill. June 20, 2007) (Moran, Sen. J.).* Judge Moran granted defendants (collectively "eSpeed") summary judgment of…
Appellate and Supreme Court
Texas Supreme Court Roundup
With last week's orders, the Texas Supreme Court decided five cases, four of which involved per curiam opinions. In Goodyear Tire & Rubber Co. v. Mayes, the Court concluded that…
Chicago IP Litigation
Claim Construction Cannot Be Argued in LR 56.1 Statements
PSN Illinois, LLC v. Ivoclar Vivadent, Inc., No. 04 C 7232, 2006 WL 3523760 (N.D. Ill. Dec. 7, 2006) (Kendall, J.). Judge Kendall denied plaintiff's Fed. R. Civ. P. 59…
California Employment Law Update
Sexual Harassment Claim Was Erroneously Dismissed On Summary Judgment
By Tony Oncidi
Myers v. Trendwest Resorts, Inc., 56 Cal. Rptr. 3d 501 (Ct. App. 2007) Alissa Myers, a salesperson, alleged that her supervisor, Ayman Damlahki, had sexually harassed her with numerous unwanted…
Sentencing Law and Policy
Noticing the disappearing jury trial
Main April 29, 2007Noticing the disappearing jury trialAdam Liptak's "Sidebar" column in Monday's New York Times is entitled "Cases Keep Flowing in, but the Jury Pool Is Idle." As this…
Delaware Corporate & Commercial Litigation Blog
Chancery Refuses To Excise Allegedly Confidential Facts From Opinion
In Viking Pump Inc. v. LIberty Mutual Insurance Co., (Del. Ch., April 13, 2007), the Chancery Court, in a letter ruling, read here, agreed to clarify a minor point in its recent opinion,…