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The other party may respond with counter-declarations, discovery responses, and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary judgment or adjudication must be denied regarding that matter. [1]
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
The court likewise rejected the argument pertaining to unsatisfactory rebuttal of the defendants' evidence of independent creation, noting that "the strength of defendants' evidence for independent creation is a factual issue for the jury to determine at trial, and is not an issue suited for determination at [the summary judgment] stage." [20]
Fair Use is an affirmative defense to copyright infringement, but parties are free to bargain away their rights to make fair use of copyrighted material under contractual agreements. The district court denied the summary judgment in this point because considered that there was a triable issue of fact as to the damages flowing from the breach.
Avangrid is seeking a jury trial "for all issues triable by jury" and for the court to find NextEra's conduct unlawful. It also seeks monetary damages. The company claims it has been damaged in an ...
The District Court awarded summary judgment to Texaco and Shell Oil. It determined that the rule of reason governed the plaintiffs' claim, under which only "unreasonable restraints of trade" were prohibited by the Sherman Act. Because they had eschewed rule of reason analysis, the plaintiffs had failed to raise a triable issue of fact.
The question as to triable issue as against Vedanta was one of a significantly larger number of contentious issues than those which have survived in this court. The reason which the judge gave for the relative brevity of his analysis of the underlying materials in para 119 of his judgment said nothing about the depth and rigour of his own ...
There was a triable issue as to whether Vimeo acquired "actual or red flag knowledge" of the infringing videos due to these actions by their employees; 2.b) A series of emails by Vimeo employees commenting on or ignoring infringing content was insufficient to establish "willful blindness" on the part of Vimeo.
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