This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ...
DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles ...
Important procedural differences exist between motions to dismiss and motions for summary judgment. Federal Rule of Civil Procedure 12(b)(6) permits a court to grant a motion to dismiss for "failure ...
Most headlines about employment law cases, whether it is an employment discrimination or whistleblower retaliation claim, relate to a jury trial verdict. Big damage awards in age discrimination and ...
Two special circumstances permitting appellate review of a denial of summary judgment in federal court are: denial of the defense of qualified immunity, Mitchell v. Forsyth, 472 U.S. 511, 528-29 (1985 ...
A year ago, the Supreme Court of Canada paved the way for Ontario lawyers to resolve lawsuits more quickly using a procedure called summary judgment. Gord McGuire, a lawyer with Adair Barristers LLP ...
The Supreme Court of Canada has upheld a $1-million civil fraud judgment against Toronto businessman Robert Hyrniak in an important ruling that broadens the ability of lower court judges to decide ...