News & Analysis as of

Evidence Summary Judgment

McGinnis Lochridge

When Force Majeure Isn't Enough: The Causation Trap That Cost Kinder Morgan $100 Million

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In case you somehow forgot, the 2021 Valentines Day storm coined “Snovid,” “Snowmageddon,” or officially labeled Winter Storm Uri, blanketed Texas in snow and ice, even bringing snowfall to Galveston Beach. As temperatures...more

Constangy, Brooks, Smith & Prophete, LLP

Adverse employment actions require a decision maker. Make sure you have one.

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

Faegre Drinker Biddle & Reath LLP

Defective Logic: Why Recall Evidence Falls Short in Court

In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied by Louisiana Federal District Court

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United States District Court for the Western District of Louisiana, Shreveport Division - In this asbestos action, plaintiff Reginald Short alleged asbestos exposure from, among other things, asbestos-containing shipping...more

A&O Shearman

After Twenty Years, In Re Rail Freight Ends With Summary Judgment For Defendant Rail Companies After Judge Finds Inadequate...

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On June 24, 2025, the United States District Court for the District of Columbia granted defendant rail companies’ motion for summary judgment on a Sherman Act Section 1 claim. In a lengthy and sweeping multi-district...more

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

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Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

Offit Kurman

Three Things to Know About Notices to Admit in New York

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In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

Array

This Week in eDiscovery: Privilege Logs are Evidence Too

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more

Goldberg Segalla

Summary Judgment Granted in Favor of Pipe Fitting Defendant

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Court: United States Court for the Middle District of North Carolina - In this asbestos action, plaintiff Linwood W. Pierce alleged he was exposed to asbestos throughout his career as a welder and pipefitter from the...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Goldberg Segalla

PA Appellate Court Affirms Defense Summary Judgments

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Court: Superior Court of Pennsylvania - In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil...more

McDermott Will & Schulte

Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or...more

Davies Ward Phillips & Vineberg LLP

Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

Goldberg Segalla

Defendant Contractor’s Summary Judgment Upheld on Appeal

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Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

White and Williams LLP

New Jersey Court Pumps the Brakes on Product Liability Lawsuit

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In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

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On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

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The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

Axinn, Veltrop & Harkrider LLP

Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted...more

Marshall Dennehey

Pennsylvania Superior Court Affirms Dismissal of Medical Negligence Claims Due to Insufficient Evidence

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Vandever v. Stair, 2025 WL 523863 (Pa. Super. Ct. 2025) - The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient...more

Adams & Reese

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

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Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

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Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

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A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

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