Topic
Summary Judgment
730 published works
Labor Law Prof Blog
Thomas on the Unconstitutionality of Summary Judgment
A little bit of civil procedure on the blog today. Suja Thomas (Cincinnati) writes to say that she has just posted her provocative piece, "Why Summary Judgment is Unconstitutional" on…
ContractsProf Blog
Summary Judgment, Ten Years Later
After ten years of litigation, the buyer of a valuable slice of Long Island oceanfront has finally won his case -- on summary judgment. He'll thus get $16 million worth…
British Columbia Insurance Blog
Radvar v. Canada (Attorney General) [2005] O.J. No. 5239 Ontario Superior Court of Justice
The Plaintiff’s claims against the Attorney General of Canada, his Insurer and various other parties was dismissed by way of Summary Judgment after the Court found that the Release executed…
British Columbia Insurance Blog
Lacombe v. Don Don Phillips Heating Ltd. [2005] O.J. No. 3936 Ontario Superior Court of Justice
On a motion for partial summary judgement to dismiss the subrogated portion of the Plaintiffs’ claims brought by the Plaintiffs’ insurer, the Court extended the "anti-subrogation rule" to prevent the…
California Employment Law Update
Employee With Depression And Bipolar Disorder Could Proceed With Disability Discrimination Claims
By Tony Oncidi
Head v. Glacier Northwest, Inc., 413 F.3d 1053 (9th Cir. 2005) Matthew Head, a barge offloader, sued his former employer, Glacier Northwest, Inc., for discrimination in violation of the Americans…
California Employment Law Update
Employer Entitled To Summary Judgment In Discrimination Case Where Same Supervisor Had Promoted Employee
By Tony Oncidi
Coghlan v. American Seafoods Co., 413 F.3d 1090 (9th Cir. 2005) James Coghlan, a commercial fisherman, was employed by American Seafoods Company (ASC). In 1998, following a layoff, Coghlan retained…
California Employment Law Update
Employee’s Declaration Executed Out Of State Did Not Substantially Comply With California Law
By Tony Oncidi
Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601 (2004) Dheeraj Kulshrestha sued First Union for wrongful termination, promissory fraud, and discrimination, among other things. In response to First…
British Columbia Insurance Blog
Bigley v. Sanders [2004] O.J. No. 1032 Ontario Superior Court of Justice
The Court, in dismissing a motion for summary judgment, was satisfied that the issue of whether the insured had an honest but mistaken belief of valid insurance was a genuine…
British Columbia Insurance Blog
Uy v. Great-West Life Assurance Co. [2003] O.J. No. 5216 Ontario Superior Court of Justice
The Defendant’s motion for Summary Judgment was allowed as the Defendant was protected by a Release that had previously been executed by the Plaintiff and, in any event, the court…
Constructlaw®
Ohio Court of Appeals reverses summary judgment; question of material fact existed as to whether Owner could enforce no-damage-for delay clause against Contractor.
By Constructlaw
Cleveland Constr., Inc. v. Reynoldsburg City Schools, 1996 Ohio App. LEXIS 2751 (June 28, 1996) No-damage-for-delay clause in contract is not enforceable if the extent and magnitude of the delay…