Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
Bar Exam Toolbox Podcast Episode 203: Listen and Learn -- Motions for Summary Judgment (Civ Pro)
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The Briefing by the IP Law Blog: San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
A California federal district court recently granted the motion for summary judgment filed by the California Department of Financial Protection and Innovation (DFPI) in the lawsuit filed by an advocacy organization seeking to...more
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
We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the...more
Welcome back to the Law School Toolbox podcast! Today we discuss the procedure for filing a motion for summary judgment, which is how many cases are resolved in court. We illustrate this important topic with several sample...more
Today’s Blog involves motions to renew and reargue and successive motions for summary judgment. When a motion is denied, a movant has several options. One can accept the loss and move on. An appeal can also be pursued. ...more
On May 25, 2023, the US Supreme Court issued its opinion in Dupree v. Younger, which resolved a split among the courts of appeals concerning whether “purely legal” issues raised at the summary-judgment stage must be re-raised...more
On May 25, 2023, the U.S. Supreme Court decided Dupree v. Younger, No. 22-210, holding that a purely legal question raised in a motion for summary judgment is preserved for appellate review, even if the issue is not renewed...more
On April 24, 2023, the U.S. Supreme Court heard oral argument in Dupree v. Younger, in which it delved into the question of whether a “purely legal” issue that was rejected at the summary judgment stage must be reasserted...more
Should an attorney always seek to have an opponent's late-by-a-few-minutes filing stricken in order to pursue the timing issue? No, according to Judge R. David Proctor, who recently issued a caustic order in Whitworth v....more
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated...more
Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more
Background: On Feb. 1, 2021, a new Uniform Rule went into effect for the New York State trial courts addressing summary judgment motions—Section 202.8-g. The rule requires that any party moving for summary judgment...more
This week, a New York district court, in FTC v. Quincy Bioscience Holding Co., granted an individual defendant’s partial motion for summary judgment, dismissing claims brought by the New York Attorney General (NYAG) for lack...more
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
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
On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more
We previously wrote here about the three "musts" for an affidavit or declaration in Florida: it must be based on personal knowledge, it must contain facts as would be admissible in evidence, and it must demonstrate the...more
Effective May 1, 2021, the federal summary judgment standard is the law in Florida state court. The Florida Supreme Court announced this shift would take place in December 2020 and sought further comment concerning the...more
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
The Indiana Court of Appeals recently issued an opinion in In re the Matter of the Estate of Dean C. Krieger, reversing summary judgment dismissal of a will contest. The appellate court found that the opposing party presented...more
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
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
In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more
Out with the old, in with the new: the Florida Supreme Court closed out 2020 with a key decision that eliminates Florida’s previous summary judgment standard in favor of the federal standard articulated in the Celotex...more
In Shih v. Starbucks Corporation (August 24, 2020, B299329) the Court of Appeal upheld the Trial Court’s ruling granting summary judgment as the alleged defect in Defendant’s product was not a legal cause of Plaintiff’s...more