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Supreme Court sets clear guidelines for summary judgment under Order XIII-A CPC, limiting trials where no real defence exists in commercial suits.
Introduction The Hon’ble Supreme Court of India clarified the use of Order XIII-A Code of Civil Procedure (“CPC”) for summary judgment in commercial matters through its landmark de...
Using Deposition Testimony to Secure Summary Judgment In asbestos products liability matters, motions for summary judgment are a standard part of case workup. Although summary judg...
The Case Wilkinson v. Farmers Holding Companies involved a dispute under a Missouri statute about an employee’s post-termination rights to a “service letter” stating the nature and...
It makes no difference when the Court issues its judgment.
Employers just received clarity from the Missouri Supreme Court that’s helpful for your litigation strategy. The court made clear in an April 21 ruling that summary judgment is not...
The Texas Legislature recently amended the rule governing Texas summary judgment practice to include much-needed response and reply deadlines, among other changes. The amended rule...
The US Court of Appeals for the Fourth Circuit affirmed a summary judgment decision, concluding that an intellectual property owner’s claims were barred by the scope of a settlemen...
The notice filed pursuant to Rule 41 of the Federal Rules of Civil Procedure stated that it was a voluntary dismissal with prejudice. Oddly, the notice went on to present argument...
Originally posted 2008-11-16 00:56:05. Republished by Blog Post PromoterThat’s summary judgment, or worse, against you or your client.В Last February we reported on a decision in...
On March 30, 2026, United States District Judge Paul G. Gardephe (S.D.N.Y) denied Defendant New Jersey Transit Corporation’s (“NJ Transit”) motion for summary judgment on all of Pl...
The 4th Circuit affirmed summary judgment for United Airlines, ruling it does not violate the Seventh Amendment in a retaliation claim by Leslie Anthony. The post Employment – Summ...
Key Takeaway On January 20, 2026, the Supreme Court held in Coney Island Auto Parts Unlimited, Inc. v. Burton that motions to vacate void judgments under Rule 60(b)(4) must be file...
There’s a basic assumption baked into all litigation—if a defendant doesn’t show up, the plaintiff is likely to prevail. Pro se plaintiff Brandon Callier was able to score such a w...
Move Freight Trucking and Joshua Flores denied summary judgment on proximate cause in a Virginia interstate 81 crash involving a tractor-trailer and a sleeping driver. The post Neg...
Cline v. Planning Board of Framingham involved a dispute arising from the Framingham Planning Board’s approval of zoning relief to permit the construction of a carwash and coffee s...
Berry v Batash 2026 NY Slip Op 01755 Decided on March 25, 2026 Appellate Division, Second Department deals with the question of whether certain claims, Judiciary Law 487 amoungst t...
A recent defense victory reinforces key procedural protections for defendants and pushes back against a growing plaintiff‑side litigation tactic....By: Weber Gallagher Simpson Stap...
The 4th Circuit dismissed a suit against Maryland Governor and Supreme Court justices, ruling plaintiffs lacked standing due to insufficient traceability. The post Civil Practice –...
The 4th Circuit vacated a district court dismissal that was based solely on plaintiffs' failure to oppose a Rule 12(b)(6) motion in a misappropriation case. The post Civil Practice...
A recent summary judgment order is a reminder that, in insurance coverage disputes, straightforward arguments can still win the day. In a coverage action arising from dozens of und...
Foreign Judgment fails in India if no proper trial is held; the Supreme Court says summary rulings without a full hearing violate Section 13 CPC.
Key Takeaways - A federal district court in Arkansas granted summary judgment in favor of an ESOP sponsor, its board and the ESOP trustee, rejecting claims that a two-step relevera...
The US Court of Appeals for the Fourth Circuit affirmed a summary judgment decision, concluding that an intellectual property owner’s claims were barred by the scope of a settlemen...
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