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

      I’ve been told that I should hire an attorney, but can’t I negotiate a settlement with the insurance company myself? While handling your own personal injury claim may seem like the easiest way to recover the compensation you deserve following an accident, it’s usually not in your best interests. Hiring an attorney costs you nothing out of pocket, they will deal with the insuranc ...

      Jeff Rasansky/ Rasansky Law Firm- 13 readers -
  • The 90-Day Foreclosure Letter: Proving Service

    … In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan…

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

    … and the lienor’s response would be the same as a prior response. Even with these two instances, a lienor should always make it a habit to respond because, as shown above, the response is uncomplicated. 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- 13 readers -
  • GOOD OLE DUTY TO DEFEND

    … was fine because the landscaper was initially looking for a declaration that its insurer had a duty to provide it a defense in the personal injury action. 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- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … rights are some of the most highly protected rights in the American legal system, which is why New York State requires lenders to navigate a plethora of procedural barriers in foreclosure actions. Expiration of the New York Statute of Limitations Pursuant to New York law, a foreclosure action must be commended in supreme court in the county…

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

    … may be liable to the insured because of injury or damage to which this insurance may also apply. Here, the insured claimed it orally called the insurer about the nature of the suit and a representative told it that there would be no coverage for the lawsuit. The insurer, however, claimed it has no record of such a call and only learned…

    Florida Construction Legal Updates- 12 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 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…

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

    … impose. When the court took an early and active interest in an early-case motion filed by Dell, holding early claim construction and granting an early summary judgment of non–infringement, the entities implicated sought refuge in bankruptcy court to avoid a fee award, but without success. After a hearing in which the true structure and ownership…

    David Swetnam Burland/ Brann & Isaacson- 19 readers -
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