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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 New York, there is the procedure of summary judgment in lieu of complaint CPLR § 3213. This allows a plaintiff in an action based on an instrument to pay money only or a judgment to file a motion for summary judgment and supporting papers with the summons instead of a complaint.
The John Birch Society moved for summary judgment, arguing that Gertz was a public figure under the recently enunciated Curtis Publishing Co. v. Butts standard, [3] which applied the New York Times Co. v. Sullivan [4] standard to anyone who was sufficiently public, not just
Judgment for plaintiff, S.D.N.Y.; vacated and remanded for new trial, 66 F.3d 427 (2nd Cir. 1995) Subsequent: On remand, judgment for plaintiff (remittitur); affirmed in part, 149 F.3d 137 (2nd Cir. 1998) Holding; The federal trial court should apply the state law standard for excessiveness of a jury award.
This standard requires an ISP to divulge the identity of an anonymous poster if the plaintiff's case would be able to withstand a motion for summary judgment. This means that the plaintiff must "make a sufficient showing on [every] essential element of its case with respect to which it has the burden of proof." [10]
United States District Court for the Southern District of New York: Full case name: Wolk v. Kodak Imaging Network, Inc. Decided: 2012-01-03: Docket nos. 1:10-cv-04135: Defendants: Kodak Imaging Network, Inc., Eastman Kodak Company, and Photobucket.com, Inc. Citation: 840 F. Supp. 2d 724: Case history; Prior action: Preliminary injunction denied ...
Adirondack League Club vs. Sierra Club was a court case decided on December 17, 1998, by New York's highest court, the New York Court of Appeals, denying the defendants' motions for summary judgment that the South Branch of the Moose River flowing through Adirondack League Club property was a public highway, but holding that recreational use can be considered in determining if a river is a ...
Lamb's Chapel v. Center Moriches Union Free School District, 508 U.S. 384 (1993), was a decision by the Supreme Court of the United States concerning whether the Free Speech Clause of the First Amendment was offended by a school district that refused to allow a church access to school premises to show films dealing with family and child-rearing issues faced by parents.