News & Analysis as of

Genuine Issue of Material Fact Motion for Summary Judgment

Lewitt Hackman

Franchisor 101: Non-Performance – Fact or Fiction?

Lewitt Hackman on

A New Jersey federal court granted in part a hotel franchisor’s motion for summary judgment against its franchisee and the guarantor of the personal guaranty, for breach of the parties’ franchise agreement. The franchisee did...more

Tyson & Mendes LLP

Bill Analysis: California’s Ab 2049 and Its Effect on Summary Judgment Motions Background

Tyson & Mendes LLP on

The obvious preference for the average person is never to be involved in litigation. For those forced to become party to a lawsuit, however, the dream then becomes prevailing on a motion for summary judgment. With such a...more

Goldberg Segalla

Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Goldberg Segalla on

Court: United States District Court for the Northern District of California - This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment Denied

Goldberg Segalla on

Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more

Nutter McClennen & Fish LLP

Dismissing Fraud Claims, Judge Davis Rules Party’s Statement of Reasons or Motives Underlying Bargaining Position Constitutes...

In Metal Seal Precision, Ltd. v. Sensata Technologies, Inc., Metal Seal sued Sensata for allegedly breaching the parties’ Memorandum of Understanding (MOU), which required Sensata to purchase minimum quantities of metal...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ohio State Court Affirms Dismissal of Bad Faith and Punitive Damages Claim

In Shah v. Metropolitan Life Ins. Co., 2019 U.S. Dist. LEXIS 25695 (S.D. Ohio Feb. 19, 2019), the U.S. District Court for the Southern District of Ohio dismissed a plaintiff insured's bad faith and punitive damages claims...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Standards for Proving Breach of Fiduciary Duty

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and...more

Payne & Fears

Key California Employment Law Cases: July 2019

Payne & Fears on

This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Knobbe Martens

Invalidating Patents Under §101 in the Early Stages of Litigation Still Possible Post-Berkheimer and Aatrix

Knobbe Martens on

Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice. Whether a claim recites...more

Proskauer - New England IP Blog

Early Summary Judgment Denied in Stapler Patent Lawsuit

Judge Gorton in the District of Massachusetts recently denied an early summary judgment motion filed in a patent infringement suit, holding the motion to be premature on two grounds. First, a scheduled claim construction...more

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