Law

Is Summary Judgement Dead?

Specifically, "In those instances, there simply is no issue to be decided by a jury based on the evidence. A jury resolves factual, not legal, disputes. If a case involves no material factual disputes ...

Trial by jury: why summary judgment is less likely in trade secret misappropriation cases

R. Mark Halligan of FisherBroyles LLP discusses an Oregon federal court opinion denying summary judgment in a trade secret ...
Reason

Public Has Right to Access Summary Judgment Filings Even When Summary Judgment Motion Was Never Decided

From U.S. ex rel. Oberg & Camoin v. Nelnet, Inc., decided yesterday by the Fourth Circuit, in an opinion by Judge Julius Richardson, joined by Judge Barbara Milano Keenan and District Judge Elizabeth ...
JD Supra

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to ...
Law

Summary Judgment in the Surrogate's Court

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: Although in years past, summary judgment in Surrogate's Court proceedings was rare, today, summary relief has become a welcome means for ...
Washington Examiner

Summary judgment granted in asbestos case after claimant failed to respond

CHARLOTTE, N.C. (Legal Newsline) – A North Carolina federal judge has concluded that summary judgment was proper for seven defendants in an asbestos lawsuit after the claimant failed to respond to any ...
JD Supra

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles ...
The Northwest Arkansas Democrat-Gazette

Both sides in lawsuit over Arkansas law requiring Ten Commandments in schools seek summary judgment

Both sides in a federal lawsuit over the display of the Ten Commandments in Arkansas public schools have filed motions for summary judgment.
Washington Examiner

Crane Co. granted summary judgment based on bare metal defense

SAVANNAH, Ga. (Legal Newsline) – A Georgia judge has granted summary judgment for Crane Co. in an asbestos lawsuit, concluding that general knowledge, or speculator assumptions, is insufficient to ...