News & Analysis as of

Motion for Summary Judgment Rules of Civil Procedure

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

Holland & Knight LLP

Florida Supreme Court Adopts Amendments to the Florida Rules of Civil Procedure

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The Florida Supreme Court (Court), on its own motion, adopted amendments to the Florida Rules of Civil Procedure (Rules) earlier this year. Interested persons were given time to file comments and, upon consideration of those...more

Carlton Fields

Silence Is Not Always Golden: Preserving the Record in Opposing Motions for Summary Judgment

Carlton Fields on

Although decided under Florida’s new summary judgment rule, which tracks the federal rule in large part, but not entirely, a recent decision of Florida’s Fourth District Court of Appeal offers important warnings to all...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court unveils a revamped summary judgment rule just in time for the May 1, 2021 effective date

On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the United States...more

Chartwell Law

Florida Supreme Court Adopts the Federal Summary Judgment Standard

Chartwell Law on

The Supreme Court, on its own initiative, amended Florida Rule of Civil Procedure 1.510, which governs summary judgment.[1] In doing so, the court has elected to adopt the federal summary judgment standard, overriding the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida High Court Adopts the Federal Standard for Summary Judgment

On December 31, 2020, the Florida Supreme Court rendered an opinion in In Re: Amendments to Florida Rule of Civil Procedure 1.1510, No. SC20-1490, aligning Florida’s rules of civil procedure with the supermajority of U.S....more

Spilman Thomas & Battle, PLLC

Changes to the Law of Summary Judgment in Virginia

It has long been said that summary judgment is not available to litigants in Virginia state courts. The difficulty resulted from Virginia's prohibition against using discovery depositions in support of a motion for summary...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

Steptoe & Johnson PLLC on

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Winstead PC

Presentation: Summary Judgments in Texas

Winstead PC on

David F. Johnson recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas. This presentation included a discussion of the finality of summary...more

Winstead PC

Court Reverses No-Evidence Summary Judgment On Fiduciary Duty Claim Because Motion Was Not Sufficiently Precise

Winstead PC on

In Neurodiagnostic Tex, L.L.C. v. Pierce, the court reviewed a summary judgment entered regarding an employer’s breach of fiduciary duty claim. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 11754 (Tex. App.—Tyler October 31, 2016,...more

Melito & Adolfsen

Common Misunderstandings about “The One Motion Rule” In New York Practice

Melito & Adolfsen on

In discussing the timing of a motion for summary judgment, lawyers will often refer to “the one motion rule.” There is no such rule as to summary judgment. “The one motion rule” is a statutory rule that applies only to...more

Snell & Wilmer

Applying New California Rules to Your Real Estate Litigation Practice

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Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable...more

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