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
    • The Statute of Limitations Defense in New York Foreclosure Actions

      In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lienholder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common law, statutes of limitations enfor ...

      Ronald D. Weiss, PC- 13 readers -
    • TIMELY WRITTEN NOTICE TO INSURER AND COOPERATING WITH INSURER

      I harp on notifying a liability insurer in writing once a claim is asserted against you. As soon as possible. I harp on this because as an insured you want to remove any doubt or argument that the insurer was prejudiced due to a lack of timely notice. In a recent opinion, Zurich American Insurance Co. v. European Tile and Floors, Inc., 2017 WL 2427172 (M.D.Fla.

      Florida Construction Legal Updates- 10 readers -
    • The Statute of Limitations Defense in New York Foreclosure Actions

      In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lien holder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common law, statutes of limitations enfo ...

      Ronald D. Weiss, PC- 10 readers -
  • What Happens In East Texas Definitely Doesn’t Stay There

    … This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed since 2014…

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • PROPERLY TRIGGER THE PERFORMANCE BOND

    … the bond to make the bond more favorable to you. Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1. …

    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- 19 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    … In construction defect lawsuits, third-party (or fourth-party) claims are routine to flow-down liability downstream. Right, a general contractor sued by an owner will want to flow-down its liability to the subcontractors. And, subcontractors will want to flow down their liability to sub-subcontractors and suppliers. Common, and appropriate…

    Florida Construction Legal Updates- 10 readers -
  • How to Revoke a Revocable Trust in Florida

    … two methods, no further evidence is required. However, if the settlor revokes or amends his or her trust under the "any other method" provision under subsection (3)(b)(2), then the settlor's intent must be established [*15] by clear and convincing evidence. There was ample evidence presented at summary judgment that the testator had intended…

    Florida Probate, Trust and Estate Blog- 14 readers -
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