How To Use Summary judgment In A Sentence
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Defendants file massive summary judgment motions, seeking to dismiss every claim on various grounds.
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On the plaintiff's application for summary judgment the master give the defendant unconditional leave to defend.
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The Court concluded that in most circumstances, including the case at issue, summary judgment is appropriate where there are uncontradicted statements from both the owner and the driver regarding the lack of permission granted to the driver.
Insurance Defense
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The order was made following a summary judgment hearing upon affidavits.
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As the key mechanism for the pretrial procedure, summary judgment plays a special filterative role in handling non-contentious cases of civil procedure.
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While the rules permit summary judgment in cases of Crown wardship, this remedy that provides for the permanent removal of a child from parents should be used in only the clearest of cases.
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He also submits that if the report is not admitted then there is no evidence to rebut his claim for summary judgment with this latter submission.
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A motion by the Plaintiffs for a summary judgment as to the Defendants' liability and negligence was dismissed.
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The plaintiff moved for summary judgment to preclude assertion of the Correia defense, arguing that the Correia defense should, as a matter of law, be unavailable because a cigarette is an inherently dangerous product that causes injury when used for its ordinary purpose.
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Subsequent cases display similar ambivalence about the FDA's use of summary judgment.
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Woods has moved to dismiss the case, while Steiger has moved for summary judgment.
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In those circumstances it would be correct for the judge to remove the issue from the jury and grant summary judgment.
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Even in the best-case scenario where an employer avoids trial and prevails on summary judgment, the employer will ring up a legal bill of $100,000 or so.
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Al last, the function of the summary judgment is also explored here in this part from four aspects including filtrating non-contentious cases.
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Whether there was a prior inconsistent agreement is in my view clearly a genuine issue of material fact requiring trial and is dispositive of the summary judgment motion.
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Last, and in the alternative, the defendant seeks an order staying the enforcement of the summary judgment if granted.
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In such cases, one usually can avoid the term summary judgment and say that “the judge dismissed the case before trial”
Essential Guide to Business Style and Usage
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Eaton's counsel gave ample warning of his intention to bring the intended summary judgment motion and the reason.
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One's selfness first doubts of his summary judgment of mere existence, hence he thinks by investing his soulful capital to appropriate the contingency of his existence in excess of the worldly weal and woes and as it exposes itself to the extent of its potentiality, he thinks like he exists.
Philosophy of Self-awareness
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The glaringly unfunny premise in this divorce-court fairy tale assumes that it's gotta be a riot when the king of summary judgments (George Clooney) meets his match in a serial divorcée (Catherine Zeta-Jones) who bankrupts husbands and disbars lawyers before breakfast, right?
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I filed many summary judgment motions on behalf of my FDIC and bank clients, and in not one instance did the affiant have knowledge of any of the details of the loan or of the balances due.
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A motion by the Plaintiffs for a summary judgment as to the Defendants' liability and negligence was dismissed.
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In this nonprecedential case, the CAFC reversed almost every disputed claim term construed by the district court which was the basis for summary judgment of noningfringement.
Archive 2008-03-01
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I was going to say the same as Curmudgeonly Ex-Clerk — I learned the word as a second-year law student, clerking for a firm in Urbana, Illinois; I was assigned to draft an Affidavit to accompany a Motion for Summary Judgment, and reminded to “check the form of jurat for Wisconsin, since that is where the Affiant will sign it”.
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Mr. Walpin countermoved on Dec. 16 for summary judgment in his favor.
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In this nonprecedential case, the CAFC reversed almost every disputed claim term construed by the district court which was the basis for summary judgment of noningfringement.
CAFC Chides Counsel, Court, On Claim Construction Conduct
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The order was made following a summary judgment hearing upon affidavits.
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That is a matter which lies at the heart of the very issue that the appellant seeks to litigate and for that reason it is not a fact which should be relied upon on a summary judgment application.
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The law applicable to summary judgment motions is well known.
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However the desperation of the Ulema in face of the "white" assault brings the formation of "penal battalions" led by former officers and we first meet Captain Rosencreuntz supervising a bridge demolition in face of relentless enemy attack, when he is arrested by religious commissary aka "Hojatoleslam" Nikita, beaten and thrown in a car trunk to be led to Ayatollah Commissar Barko for summary judgment.
"Escape From Byzantium" by Mark Mellon (Reviewed by Liviu Suciu and Mihir Wanchoo)
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The Court generally upheld the FDA's summary judgment practice.
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Several of the defendants have brought motions for summary judgment under Rule 20, asking that the plaintiff's claim be dismissed.
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In other words, the Court stated that "(u) sually, but not always," uncontradicted statements by the owner and the driver indicating that the driver was driving the vehicle without permission will warrant summary judgment.
Insurance Defense
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The new Mrs. Kidder filed a motion for summary judgment, and the matter eventually ended up in federal district court in Baton Rouge, which this year awarded the approximately $250,000 in the account to her, disinheriting the children.
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