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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 July 2001, JMRI began calling one of its subprojects "DecoderPro". [59] In February 2004, Katzer purchased the domain decoderpro.com. After this was mentioned on a (non-JMRI) model railroad software mailing list, [60] Jerry Britton (a JMRI user/member) purchased and began using the domain name computerdispatcherpro.com, in apparent violation of Katzer's trademark on Computer Dispatcher.
The California view is that the latter term is an oxymoron since a judgment is defined by California Code of Civil Procedure Section 577 as the "final determination of the rights of the parties" [17] and a "partial summary judgment" is not actually final since it necessarily leaves some issues to be decided at trial. There is currently a ...
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.
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.
The University of California at Los Angeles Medical Center, a research and education hospital, admitted Hugo Tunkl for treatment of a condition related to a particular condition under study at the time. As a condition of being admitted for treatment, the hospital required that Tunkl sign a contract that included the following provision:
John Moore first visited UCLA Medical Center on October 5, 1976, after he was diagnosed with hairy cell leukemia.Physician and cancer researcher David Golde took samples of Moore's blood, bone marrow, and other bodily fluids to confirm the diagnosis and recommended a splenectomy because of the potentially fatal amount of swelling in Moore's spleen. [3]
Furthermore, deposition transcripts are frequently submitted in support of motions for summary judgment as evidence that there is no triable issue of fact. The moving party may use transcripts to argue that even if all the testimony given at deposition was given again at trial, no reasonable factfinder could find in the opponent's favor on a ...
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