Summary judgment

Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985). I. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THE PICTURES POSTED ON SOCIAL MEDIA OF PLANITIFF’S GEOGRAPHICAL LOCATION OF HIS HOME AND OF PLAINTIFF SMOKING A BONG IN COLLEGE IS HIGHLY OFFENSIVE. A person that intentionally intrudes into an individual’s solitude, seclusion, or private affairs or concerns in a manner that is highly offensive to a…

Court of Appeals of Ohio, First District, Hamilton County. NADEL et al., Appellants, v. BURGER KING CORPORATION et al., Appellees. No. C-960489. -- May 21, 1997 Edward J. Felson and Stephen R. Felson, Cincinnati, for appellants. Jonathan P. Saxton, Cincinnati, for appellee Burger King Corporation. Droder & Miller Co., L.P.A., A. Dennis Miller and Kevin J. Ryan, Cincinnati, for appellee Emil, Inc. I. Facts On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving…

If this test was to be used, I believe that we would likely win under summary judgment. Then there is the Legislative body of law. This body is typically more favorable to the government because of their long standing tradition. It’s a more historical approach, while looking how history has opened such meetings with prayer. “Practice of opening sessions with prayer has continued without interruption ever since that early session of congress” and has “been followed consistently in most of the…

contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…

To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v.…

WGC is entitled to summary judgment since there is no genuine dispute of fact concerning the existence of a valid warranty The court should grant summary judgment in favor of the defendant, WGC. Per Federal Rule of Civil Procedure 56(e) the non-moving party must show a dispute regarding a genuine issue of material fact to withstand a motion for summary judgment. See Anderson, 477 U.S. 242. A genuine issue of material fact exists where a reasonable jury could find for the non-moving party based…

II. Standard for Summary Judgment Rule 56 of the Federal rules of Civil Procedure governs the standard for summary judgment. The rule states, “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law” Fed. R. Civ. P. 56. As applied to the comparative advertising, issues involving, unfair competition, disparagement, confusion, falsity of advertising claims, and likelihood of injury…

What is a Motion for Non-Disclosure An order of nondisclosure also legally frees you from disclosing information about your criminal history in response to questions on job applications What defendants/offense are eligible file for a Non-Disclosure? 1. The offense must be among those eligible for nondisclosure, AND 2. Successful completion of deferred adjudication and an order of discharge from community supervision. What defendants/offense are not eligible file for a Non-Disclosure? Are…

COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…

The case arguments for this case where that the plaintiffs and their company did not have full standing of “customers” of the bank therefore were not able to have equitable standing to file suit against the defendant. The term customers defined as a person having a relationship with the bank or individual that a bank has a relationship with to maintain other accounts. Under this terminology, the defendants filed a motion for summary judgment stating the plaintiffs did not have standing as they…