News & Analysis as of

Motion for Summary Judgment

Miles Mediation & Arbitration

The Goldilocks Zone of Mediation

I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more

Winstead PC

Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

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In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more

Burr & Forman

Ohio District Court Grants Summary Judgment in TCPA Case, Holding Statements Claiming Calls Were on Defendant's Behalf Were...

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Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025) - Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple...more

Marshall Dennehey

Pennsylvania Superior Court Vacates Summary Judgment Due to Procedural Error in Response Time

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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

A&O Shearman

Northern District Of California Grants Summary Judgment To Software Company In Securities Class Action

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On April 10, 2025, Judge Charles R. Breyer of the United States District Court for the Northern District of California granted a motion for summary judgment in favor of a software company (the “Company”) in a purported class...more

Marshall Dennehey

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

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Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...more

Patterson Belknap Webb & Tyler LLP

“Not That Kind of Memory Storage – Judge Oetken Grants Samsung’s Motion for Summary Judgment of Non-Infringement”

On March 31, 2025, Judge Oetken granted summary judgment for Samsung Electronics Co., Ltd. and certain of its subsidiaries (“Samsung”) in an infringement suit brought against it by Dynamics Inc. (“Dynamics”). Dynamics Inc v....more

Adams & Reese

Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment

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Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them...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

Goldberg Segalla

Court Denies Valve Manufacturers Summary Judgment Motion - Update

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Supreme Court of New York, New York County - Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to...more

Mintz

California Climate Disclosure Rules Survive Significant Early Challenge

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On November 5, a federal district court judge in California denied plaintiffs' motion for summary judgment in a facial challenge to California's climate disclosure laws. Although this ruling is relatively limited in...more

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

Citizen Suit Action/RCRA: Federal Court Addresses Applicability to Agency Supervised Site Remediation

The United States District Court for the District of New Jersey (“Court”) addressed in a June 25th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Raritan Baykeeper,...more

Bass, Berry & Sims PLC

Motion for Summary Judgement Denied: Battle over California Climate Legislation Continues

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Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more

Cooley LLP

Court denies Chamber’s motion for summary judgment that California climate disclosure laws violate First Amendment

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Given the impending change in Administration in D.C.—and all that portends for regulation—the States may, in many ways, take on much larger significance. Case in point: California’s climate disclosure laws and the ongoing...more

Ward and Smith, P.A.

Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban

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True to its word, the FTC has appealed the ruling. Texas District Court Blocks the Non-Compete Rule - As we previously reported, on August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern...more

Fox Rothschild LLP

Prepare for Big Changes Coming to California Summary Judgment Motion Deadlines In 2025

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Head’s up to all employment litigators in California – changes are coming to the procedural rules governing filings for Motions for Summary Judgment and Summary Adjudication come January 1, 2025. Both plaintiffs and...more

Goldberg Segalla

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

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Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

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

Solar Energy Equipment: Arizona Tax Court Addresses Valuation Question

The Arizona Tax Court (“Court”) addressed in an October 2nd opinion an issue arising out of the construction of a solar energy facility. See Sun Streams 2 LLC v. Arizona Department of Revenue, 2024 WL 4379548 (Ariz. Tax Ct....more

Lewitt Hackman

Franchisor 101: Non-Performance – Fact or Fiction?

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A New Jersey federal court granted in part a hotel franchisor’s motion for summary judgment against its franchisee and the guarantor of the personal guaranty, for breach of the parties’ franchise agreement. The franchisee did...more

Sheppard Mullin Richter & Hampton LLP

Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues. Background - In...more

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

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On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Bradley Arant Boult Cummings LLP

Court Rejects Application of Flood Exclusion to Hurricane Rainfall

As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter - September 2024

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week... ...more

Goldberg Segalla

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

Knobbe Martens

Relying on Irrelevant Factors to Award Attorneys’ Fees Is a Red Flag

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Before Moore, Lourie, and Albright.  Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be...more

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