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On April 29, 2022, Daviess Circuit Court Judge Lisa Payne Jones granted Daviess Fiscal Court's motion for a summary judgment. In her 16-page judgment, Jones ruled that the Confederate monument is owned by Fiscal Court, and she vacated the earlier temporary restraining order. [15] [16] [17]
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.
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]
Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea.
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.
This brief addresses challenges raised in two separate summary judgment motions: the Plaintiffs’ motion in PEER v. Beaudreau2 and the Plaintiffs’ Motion in Wampanoag Tribe of Gay Head (Aquinnah) v. Beaudreau. Amici focus on those issues on which they have greatest expertise.
Motions to dismiss and motions for summary judgment are types of dispositive motions. Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine ...
Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other ...
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