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It is not uncommon for summary judgments of the lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed de novo, [15] meaning, without deference to the views of the trial judge, both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
When Williams missed work for medical reasons due to job-related tasks, she filed a claim under the Kentucky Workers’ Compensation Act. Ky. Rev. Stat. Ann. §342.0011 et seq. (1997 and Supp. 2000). This claim was settled between the parties, and Williams returned to work.
In foreclosure cases, a deficiency judgment is a court order allowing a lender to collect the remaining mortgage balance when the proceeds from the sale of the property aren’t enough to pay off ...
"Abstract of judgment" is a written summary of a judgment which states how much money the losing defendant owes to the person who won the lawsuit (judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant (judgment debtor) must obey, which abstract is acknowledged ...
In law, a summary order is a determination made by a court without issuing a legal opinion. This disposition is also known as a nonopinion, summary opinion, affirmance without opinion, unpublished order, disposition without opinion, or abbreviated disposition. It is not to be confused with summary judgment, which means a decision without trial.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), is a United States Supreme Court case articulating the standard for a trial court to grant summary judgment.Summary judgment will lie when, taking all factual inferences in the non-movant's favor, there exists no genuine issue as to a material fact and the movant deserves judgment as a matter of law.
In December 2009, Forester granted a passenger family's motion for "partial summary judgment" determining, as a matter of law, that Comair's flight crew was negligent, and that this negligence was a substantial factor causing the crash of Flight 5191. [40]