Topic
Summary Judgment
731 published works
Insurance Law Hawaii
Broker’s Liability for Inadequate Coverage Raises Issues of Fact
The lower court's denial of cross-motions for summary judgment concerning the broker's liability for allegedly procuring inadequate coverage was affirmed. Marcellus Energy Servs. LLC v. Tompkins Ins. Agencies,…
Understanding the ADA
The Case for Why McDonnell Douglas as a Summary Judgment Tool Makes No Sense
This week’s blog entry discusses Justice Thomas with Justice Gorsuch joining concurring opinion in Ames v. Ohio Department of Youth Services, here. By now, you most likely know that the…
New York Commercial Division Practice
When Additional Obligations Don’t Derail CPLR 3213: Commercial Division Clarifies the Test
By Scott Owen
Commercial loan documents are notoriously complex, packed with financial reporting requirements, compliance covenants, and collateral maintenance obligations. For practitioners seeking the expedited relief of CPLR 3213’s summary judgment in lieu…
D&O Discourse
Making Better Judgments about Summary Judgment in Securities Class Actions
By Doug Greene
“Securities litigation” isn’t really “litigation” anymore. For the first 15 years of my career, securities class actions that were not dismissed would head into litigation, where we would test class…
Commercial Case Notes
Need for Proof of Failure to Pay No Bar to Motion for Summary Judgment in Lieu of Complaint
By John Lundin
On March 28, 2025, Justice Patel of the New York County Commercial Division issued a decision in ACM Zoomcar Convert LLC v. Zoomcar Holdings Inc., 2025 NY Slip Op. 31374(U),…
Gender and the Law Prof Blog
Study Shows Judges Dismiss Substantially More Workplace Harassment Cases than Juries Would Have
By Tracy Thomas
Elizabeth Chika Tippett & Jamillah Bowman Williams, Misjudging a Reasonable Jury: Evidence that Courts Dismiss Meritorious Harassment Claims, Connecticut L. Rev. (forthcoming 2026) A common basis for granting summary judgment in…
Commercial Case Notes
Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
By John Lundin
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should…
Insurance Law Hawaii
Cross-Motions for Summary Judgment Denied in Collapse Claim
The court denied cross-motions from the insured and the insurer after the insured's dwelling suffered a collapse of the ceiling. Simons v. Fed. Ins. Co., 2025 U.S. Dist.…
Zalma on Insurance
Clear and Unambiguous Exclusion Supports Summary Judgment
By Barry Zalma
No Response to Motion Guarantees Loss Post 5055 See the full video at https://rumble.com/v6sdmd9-clear-and-unambiguous-exclusion-supports-summary-judgment.html and at https://youtu.be/PKLRmE-bDgI In Great Little Minds Academy, LLC v. Atlantic Casualty Insurance Company, Civil Action…
Commercial Case Notes
Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements
By John Lundin
On March 20, 2025, justice Chan of the New York County Commercial Division issued a decision in Montreux Partners II, LP v. Commissions Import-Export S.A., 2025 NY Slip Op. 50441(U),…