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Appeals › Rules of Civil Procedure › Dismissals

Marshall Dennehey

Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary

Marshall Dennehey on

Scheibe v. Woodloch Resort, 2025 Pa. Super. 109 (Pa. Super. May 20, 2025) - The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received...more

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

Clark Hill PLC on

In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Bennett Jones LLP

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

Bennett Jones LLP on

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

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

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

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

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Smart & Biggar

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

Smart & Biggar on

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

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