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
    • OWNERS SHOULD SERVE REQUEST FOR SWORN STATEMENT OF ACCOUNT ON LIENOR

      When an owner receives a construction lien, an owner should serve the lienor with a Request for Sworn Statement of Account. The Request for Sworn Statement is authorized by Florida Statute s. 713.16(2) and should be in the following form: REQUEST FOR SWORN STATEMENT OF ACCOUNT WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR TH ...

      Florida Construction Legal Updates- 12 readers -
    • GOOD OLE DUTY TO DEFEND

      The good ole duty to defend. Certainly, a duty that should not be overlooked. A commercial general liability insurer has two duties to its insured when it comes to third-party claims: 1) the duty to defend its insured and 2) the duty to indemnify its insured. The insurer’s duty to defend its insured will always be broader than its duty to indemnify because this duty is tr ...

      Florida Construction Legal Updates- 11 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property. The purpose behind such a limitations period…

    Ronald D. Weiss, PC- 14 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property. The purpose behind such a limitations period…

    Ronald D. Weiss, PC- 15 readers -
  • What Happens In East Texas Definitely Doesn’t Stay There

    …. This week’s results were, suffice it to say, mixed. * Yesterday, on January 25, 2017, Judge Gilstrap issued a 57–page final judgment and opinion in the case of Iris Connex, LLC v. Dell, Inc., in which he sanctioned the real (and hidden) party in interest, Brian Yates, and his litigation counsel, Craig Tadlock, for their conduct in a set of cases the judge…

    David Swetnam Burland/ Brann & Isaacson- 18 readers -
  • PROPERLY TRIGGER THE PERFORMANCE BOND

    … contractor sued a subcontractor’s performance bond surety for an approximate $1M cost overrun associated with the performance of the subcontractor’s subcontract (the contract made part of the subcontractor’s performance bond). The surety moved for summary judgment arguing that the general contractor failed to property trigger the performance bond…

    Florida Construction Legal Updates- 16 readers -
  • Litigation Ethics: What To Do With “Hot” Documents

    … Litigators spend much of discovery searching for “hot” documents. In this context, when we say “hot” we mean really awesome, or at least very good, documents. Some documents are smoking gun “hot.” They might be summary judgment “hot.” They could also be your-so-hot-I-cannot-wait-to-play-you-on-cross-examination “hot.” You probably have…

    Michael E. Mccabe Jr./ IPethics & INsights- 20 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    … lawsuits contain many parties, from the general contractor hired by the owner to the subcontractors, sub-subcontractors, and suppliers implicated by the defective work. These articles on indemnification (common law and contractual) and contribution explain these very important flow-down claims in more detail. Please contact David Adelstein at dma…

    Florida Construction Legal Updates- 10 readers -
Get the top posts daily into your mailbox!
Topics
See more
12(B)(6) 35 Usc 101 Alice V. Cls Bank Alimony American Bar Association Attorneys Fees Bankruptcy Discharge Blog Brann Brann, Peter Bronx Brooklyn Chapter 13 Chapter 7 Claim Construction Class Action Class Actions Commercial General Liability Common Law Consent Judgment Construction Defect Construction Defects Construction Lien Debt Collection Defense District District Court Litigation Dla Piper Duty To Defend East Texas Eastern District Of Texas Electronic Frontier Foundation Exceptional Case Facebook Federal Circuit Court Of Appeals Florida Florida Supreme Court Foreclosure Hot Topic Indemnification Insurance Insurance Coverage Intellectual Property Ip Litigation Sanctions Ip Malpractice Ip Wise Judge Rodney Gilstrap Kroger Legal Malpractice Liability Insurance Lien Litigation Ethics Long Island Long Island Foreclosure Attorney Malpractice Miller Act Motion To Dismiss Nassau New Jersey New York New York Foreclosure Attorney New York Foreclosure Defense Attorney New York Foreclosure Defense Lawyer Octane Fitness Oed Office Of Enrollment And Discipline Patent Ethics Patent Infringement Patent Litigation Patent Litigation Ethics Patent Malpractice Patent Troll Patent Trolls Payment Bond Pennsylvania Performance Bond Preliminary Injunction Prima Facie Private Student Loans Promissory Note Ptab Real Property Releases Rockland County Settlor Standing State Farm Steps Stitham, Stacy Student Loans Student Loans & Bankruptcy Suffolk County Supreme Court Swetnam Burland, David Texas The Debt Collector The Onion Twitter Us Supreme Court Uspto Ethics Van Veen
More from around the web