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Appellate Courts › Motion for Summary Judgment

Marshall Dennehey

Pennsylvania Superior Court Vacates Summary Judgment Due to Procedural Error in Response Time

Marshall Dennehey on

Jordan v. Lynde, 330 A.3d 817 (Pa. Super. Ct. 2024) - The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P....more

Adams & Reese

Don’t Hold Your Fire: How to Oppose Dispositive Motions

Adams & Reese on

Suppose you’re about to be attacked by a bear. There you are, enjoying nature and minding your own business when you spot the hairy beast lumbering toward you. You have three shells left in your shotgun, but you feel...more

Carlton Fields

Right for Any Reason? Well, Not for Any Reason

Carlton Fields on

Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more

Pillsbury - Policyholder Pulse blog

Ohio Appellate Court Ruling Is a Reminder that Cyber Coverage Can Be Found in Unexpected Places

Pillsbury - Policyholder Pulse blog on

As the number and severity of cyberattacks rise, the importance of insurance coverage to offset resultant loss becomes increasingly important. An opinion issued by the Ohio Court of Appeals is a happy reminder that there may...more

Womble Bond Dickinson

Fourth Circuit Agrees that Navient’s Records Established TCPA Plaintiff Had Not Revoked Consent

Womble Bond Dickinson on

It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in exercising their revocation rights. And, not surprisingly, courts are often reluctant to grant...more

Rivkin Radler LLP

Insurance Update - March 2021

Rivkin Radler LLP on

In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Hinshaw & Culbertson - Health Care

Case Management Orders Must be Flexibly Applied in Cases Involving Minors: Hinshaw's Annual Guide to Key Illinois Medical...

Hinshaw & Culbertson - Health Care on

Was a plaintiff's expert properly prevented from testifying about the allegedly improper care of plaintiff's son? Lin Jun Huang, as Mother and Next Friend of Adrian Zhaung, a minor v. Elmhurst Clinic, LLC, Elmhurst...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin - Does My Website URL Constitute A “Deceptive Trade Practice”? Volume 4, Issue 22

McGlinchey Stafford on

Deceptive Trade Practices Act- Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614- In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Adjacent Property Owner/Petroleum Storage Tank: Federal Appellate Court Addresses Damage Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Tenth Circuit (“Court”) addressed in a November 4th Order and Judgment (“Order”) damage issues caused by an adjacent convenience store (“Store”). See Sonrisa Holding, LLC v. Circle K...more

Jackson Walker

Fifth Circuit Reminds Practitioners of the Importance of Compliance With the Strictures of Rule 50 When Submitting Motions for...

Jackson Walker on

Through its establishment of “judgments as a matter of law,” Rule 50 of the Federal Rules of Procedure provides a mechanism by which a party can seek to obtain judgment at various points in a case after the trial begins, and...more

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