Summary Judgment

CFC Grants Summary Judgment in Takings Case on Motion for Reconsideration

by Nancie G. Marzulla on 5/15/2013

Anaheim Gardens v. United States involved plaintiffs who filed suit in the U.S. Court of Federal Claims claiming that the Government effected a taking of their contractual right to prepay government-insured mortgages on...more

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

by Lawrence M. Sung | BakerHostetler on 5/9/2013

On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more

Smartmatic Int’l Corp. v. Dominion Voting Sys. Int’l Corp., C.A. No. 7844-VCP (Del. Ch. May 1, 2013) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 5/9/2013

In this memorandum opinion, the Court of Chancery denied the parties’ cross-motions for partial summary judgment in a breach of contract case, reasoning that the contract language “in the United States” was ambiguous as to...more

Court Issues Summary Judgment Ruling in MBIA’s RMBS Action Against Countrywide

by Orrick - Structured Finance Group on 5/9/2013

On April 29, Justice Eileen Bransten of the New York State Supreme Court issued an opinion granting in part and denying in part competing motions for summary judgment filed by MBIA and Countrywide in connection with tort and...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

Tenth Circuit Holds Affidavit Sufficient To Avoid Summary Judgment On FCRA Emotional Damage Claim

by BuckleySandler LLP on 5/7/2013

Recently, the U.S. Court of Appeals for the Tenth Circuit affirmed in part and reversed in part a district court’s award of summary judgment to a mortgage servicer who provided a negative credit report after the borrower...more

Fast Five - Rhode Island Appellate Practice: April 2013

by Nicole Benjamin | Adler Pollock & Sheehan P.C. on 4/24/2013

Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more

District Court Grants J.P. Morgan’s Motion for Summary Judgment Against Dexia in RMBS Suit

by Orrick - Structured Finance Group on 4/10/2013

On April 2, Judge Jed Rakoff of the United States District Court for the Southern District of New York largely granted J.P. Morgan’s motion for summary judgment in RMBS litigation brought against it by Dexia, a Belgian bank,...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

by Aaron P. Shapiro | Low, Ball & Lynch on 4/1/2013

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

Patent Watch: Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech.

by Lawrence M. Sung | BakerHostetler on 3/26/2013

On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...more

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

by Connie Bertram | Proskauer - Whistleblowing & Retaliation on 3/26/2013

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

by Traub Lieberman Straus & Shrewsberry LLP on 3/26/2013

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

by Connie Bertram | Proskauer - Government Contractor Compliance... on 3/25/2013

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

Legal Alert: Retained Asset Account Litigation—Summary Judgment Entered for MetLife

by Brendan Ballard, Phillip Stano, Steuart Thomsen | Sutherland Asbill & Brennan LLP on 3/21/2013

On March 8, 2013, the U.S. District Court for the District of Nevada, Judge Larry R. Hicks presiding, granted the defendant - insurer’s motions for summary judgment in the consolidated, putative class actions, Keife v....more

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

by Nejat Ahmed | Cozen O'Connor on 3/21/2013

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Follow-The-Fortunes and...

by Patton Boggs LLP on 3/18/2013

In 2012, courts continued to recognize the viability of follow-the-fortunes and follow-the-settlements clauses. In United States Fid. & Guar. Co. v. Am. Re-Ins. Co., 939 N.Y.S.2d 307 (1st Dep't 2012), aff'd as modified, 2013...more

District Court Denies Mark Cuban Summary Judgment in SEC’s Insider Trading Case

by Bradley Bondi, Brett Sisto | Cadwalader, Wickersham & Taft LLP on 3/15/2013

On March 5, 2013, the United States District Court for the Northern District of Texas issued a Memorandum Opinion and Order in the case Securities and Exchange Commission v. Mark Cuban, denying Cuban's motion for summary...more

Legal Alert: Georgia Court of Appeals Upholds Lien, but the Lien May Have Limited Value

by Eric Hurst, William Wildman | Sutherland Asbill & Brennan LLP on 3/14/2013

In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more

Patton Boggs Reinsurance Newsletter- March 2013: New York Federal Court Denies Motion to Reconsider on Reinsurer Summary Judgment...

by Patton Boggs LLP on 3/13/2013

We reported on this case in our December 2012 Reinsurance Newsletter. The managing agent moved to have the court reconsider its grant of summary judgment. ...more

Primer on West Virginia State Law Labor and Employment Claims

by Peter Rich | Spilman Thomas & Battle, PLLC on 3/1/2013

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Don't Panic - The Fall of Pendergrass and Restoring the Full Fraud Exception to the Parol Evidence Rule May Not Be as Bad as You...

by Michael Walsh | Sedgwick LLP on 2/27/2013

In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the full breadth of the fraud...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

CFC Grants Summary Judgment in Takings Case on Motion for Reconsideration

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

Smartmatic Int’l Corp. v. Dominion Voting Sys. Int’l Corp., C.A. No. 7844-VCP (Del. Ch. May 1, 2013) (Parsons, V.C.)

Court Issues Summary Judgment Ruling in MBIA’s RMBS Action Against Countrywide

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

Tenth Circuit Holds Affidavit Sufficient To Avoid Summary Judgment On FCRA Emotional Damage Claim

Fast Five - Rhode Island Appellate Practice: April 2013

District Court Grants J.P. Morgan’s Motion for Summary Judgment Against Dexia in RMBS Suit

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

Patent Watch: Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech.

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

Legal Alert: Retained Asset Account Litigation—Summary Judgment Entered for MetLife

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Follow-The-Fortunes and...

District Court Denies Mark Cuban Summary Judgment in SEC’s Insider Trading Case

Legal Alert: Georgia Court of Appeals Upholds Lien, but the Lien May Have Limited Value

Patton Boggs Reinsurance Newsletter- March 2013: New York Federal Court Denies Motion to Reconsider on Reinsurer Summary Judgment...

Primer on West Virginia State Law Labor and Employment Claims

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Don't Panic - The Fall of Pendergrass and Restoring the Full Fraud Exception to the Parol Evidence Rule May Not Be as Bad as You...

Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Defendants In CFPB Enforcement Action Renew Challenge To Validity Of Director’s Appointment

Expand Your Reach