Summary Judgment

In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law.
Posts about Summary Judgment
  • How Hiring an Attorney Can Increase Your Potential Settlement Offer

    … not intimately familiar with the process, one simple mistake could result in your case being thrown out. Do you know how to get evidence properly admitted to the court? Do you know how to respond to a motion for summary judgment or a list of admissions? Another tactic we often see is when the insurance company attempts to string the victim along until…

    Jeff Rasansky/ Rasansky Law Firm- 15 readers -
  • The 90-Day Foreclosure Letter: Proving Service

    … a full defense to any future foreclosure litigation against you. A Long Island foreclosure lawyer may be able to get a foreclosure action against you dismissed, and if the statute of limitations has run on the action itself, the bank may not have any further options. If you recently received a 90-day foreclosure notice or a foreclosure complaint…

    Ronald D. Weiss, PC- 18 readers -
  • South Dakota Supreme Court Hears Oral Argument In Commerce Clause Challenge

    … On August 30, 2017, the South Dakota Supreme Court heard oral argument in the State of South Dakota’s appeal from the entry of summary judgment by the Hughes County Circuit Court in favor of retailers Wayfair Inc., Overstock.com, Inc. and Newegg, Inc. The Circuit Court in March 2017 invalidated the South Dakota economic nexus statute…

    Brann & Isaacson- 22 readers -
  • Court finds employer’s business judgment is BS

    … because of her disability, or whether it fired her for stealing a bag of potato chips. The plaintiff was diagnosed with several medical conditions that restricted her from lifting over ten pounds, raising and reaching her arms above her shoulders, turning and twisting her neck, operating electric machinery, and performing repetitive motions. She was put…

    Lamberton Law Firm, LLC- 13 readers -
  • GOOD OLE DUTY TO DEFEND

    … and indemnify it for the third-party claims being asserted against it. Both the landscaper and its insurer filed motions for summary judgment and the trial court declared that insurer had a duty to defend its insured, but that it was not making a determination as to the insurer’s duty to indemnify. From the insured-landscaper’s standpoint, this likely…

    Florida Construction Legal Updates- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … that the action is time barred, file a motion to dismiss on that ground prior to answering the complaint, or in certain circumstances, file a motion for summary judgment that asks to the court to decide, as a matter of law, that the action is time barred. Generally, the moving party, that is, the party asking the court to take action, has the burden…

    Ronald D. Weiss, PC- 14 readers -
  • TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

    … WL 2427172 (M.D.Fla. 2017), the insurer moved for summary judgment in a coverage action arguing that its insured failed to provide it timely written notice. Specifically, the insurer argued that the insured violated the clause in the liability policy that states: 2. Duties in the Event of Occurrence, Offense, Claim or Suit b. If a claim is made…

    Florida Construction Legal Updates- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … is “time barred,” that is, filed after the statute of limitations has expired, you should contact a foreclosure attorney immediately, as it is possible to waive your defense under the statute of limitations if it is not raised in the early stages of litigation. Your attorney can answer the foreclosure complaint by stating in your answer…

    Ronald D. Weiss, PC- 15 readers -
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