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Summary Judgment Genuine Issue of Material Fact Burden of Proof

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

Goldberg Segalla on

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Genuine Issue of Material Fact Standard

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini continues to examine an ongoing case questioning the validity of an arbitration agreement. Read Chris' earlier analysis here. In this most recent installment challenging the...more

Sheppard Mullin Richter & Hampton LLP

Summary Judgment Horror Story For Stephen King’s Literary Agent

While many breach of contract cases are resolved by motions to dismiss or summary judgment, a recent decision from the Appellate Division, First Department, Kramer v. Greene, (1st Dep’t Aug. 11, 2016), has shown that when it...more

Dickinson Wright

Tennessee Supreme Court Modifies Summary Judgment Standard

Dickinson Wright on

Recently the Tennessee Supreme Court modified the summary judgment standard in state courts in the state of Tennessee. The Tennessee Supreme Court returned the state’s summary judgment standard to be consistent with the...more

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Appellate Practice - August 2014

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more

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

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

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