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McLaughlin v. Florida, 379 U.S. 184 (1964), was a case in which the United States Supreme Court ruled unanimously that a cohabitation law of Florida, part of the state's anti-miscegenation laws, was unconstitutional. [1] The law prohibited habitual cohabitation by two unmarried people of opposite sex, if one was black and the other was white.
In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule). To defeat a summary-judgment motion, the non-moving party only has to show substantial evidence that a dispute of material ...
State Bar of Arizona, 433 U.S. 350 (1977), the district court entered summary judgment for Blakely and Went For It, believing that Bates compelled it to set aside the blackout period. The Eleventh Circuit affirmed on similar grounds, although it claimed to be "disturbed that Bates and its progeny required the decision" in the case.
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before trial, answering the question of whether the claim could even go to a jury. A successful summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter of law."
The Church sued in the United States District Court for the Southern District of Florida. On June 10, 1988, U.S. District Judge Eugene P. Spellman granted absolute immunity to the individual city council members and the mayor. [12] On October 5, 1989, after a nine-day bench trial, Judge Spellman granted summary judgment to the city. [13]
The Tribe claimed that S–9 requires an NPDES permit because it moves phosphorus-laden water from C–11 into WCA–3, but the District contended that S–9's operation does not constitute the "discharge of [a] pollutant" under the Act. The District Court granted the Tribe summary judgment, and the Eleventh Circuit affirmed. [2]
Summary execution, an execution in which a person is accused of a crime and then immediately killed without benefit of a full and fair trial. Summary judgment. A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209.
The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2] The proper abbreviation for the rules is Fla.R.Civ.P. [ 3 ] The rules may be amended, or new rules added, from time to time and upon the approval of the Florida Supreme Court.
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