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[9] 71% of summary-judgment motions were filed by defendants, 26% by plaintiffs. [9] Out of these, 36% of the motions were denied, and 64% were granted in whole or in part. [9] Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006. [10] From a tactical perspective, there are two basic types of summary-judgment motions.
Respondent-plaintiff had argued that Celotex Corp.'s motion for summary judgment was insufficiently "supported," and that the moving party must provide affidavits. On this basis, the court of appeals reversed the decision to grant summary judgment for Celotex Corp., but the Supreme Court stated in its decision that affidavits were not necessary ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
For example, if a judge dismissed a plaintiff's excessive-force claim ... judges granted summary judgment to claims governed by both standards in a single order. ... when the defendant and the ...
In overruling the motion for summary judgment, Naumoff added, "There is a material question of fact as to whether the conduct of the defendants in this case was outrageous and exhibited a ...
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. [4] Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5]
On May 9, Judge Scott Rosenberg granted the defendants' motions for summary judgment. The plaintiff accused Crow of "outrageous" conduct, but failed to identify or offer expert testimony as to ...
In July 2014, the plaintiff filed for a motion of summary judgment.However, on October 30, 2014, the court denied the motion. [9] Judge John A. Kronstadt, after reviewing competing musicologist reports, found "substantial similarity [between "Blurred Lines" and "Got to Give It Up"] to present a genuine issue of material fact", and that the "signature phrases, hooks, bass lines, keyboard chords ...