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Summary judgment is available in all claims against both the defendant and claimant with the following exceptions. There may be no summary judgment in possession proceedings against a mortgagor or a person holding over after the end of his tenancy whose occupancy is protected within the meaning of the Rent Act 1977 or the Housing Act 1988.
In a summary judgment on March 31, 2023, Delaware Superior Court judge Eric M. Davis ruled that none of the disputed statements Fox News made about Dominion were true and ordered a trial to determine if the network had acted with actual malice. Several prominent Fox News personalities and senior executives were expected to testify at trial.
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
The settlement of the lawsuit defines legal requirements of the parties and is often put in force by an order of the court after a joint stipulation by the parties. In other situations (as where the claims have been satisfied by the payment of a certain sum of money), the plaintiff and defendant can simply file a notice that the case has been ...
Scheck v. Burger King Corp. (756 F. Supp. 543 (S.D. Fla. 1991) [1] was a case of the United States District Court for the Southern District of Florida in which it considered motions for summary judgement brought by defendant Burger King Corporation concerning four counts raised by Plaintiff Scheck who alleged that defendant "breached an implied non-competition agreement (Count I), an implied ...
Car loans and mortgages usually come with a late grace period of 10 or 15 days, after which you get charged a fee that could be 4% or 5% of the overdue payment.
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. [4] Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5]
Holding; To survive a motion for a summary judgment, a plaintiff seeking damages for a violation of § 1 of the Sherman Act must present evidence "that tends to exclude the possibility" that the alleged conspirators acted independently, such that the inference of a conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed ...