The City of Madison appeals an order granting summary judgment dismissing its claims against five stagehands employed by the City.
We conclude on de novo review that neither the City nor the stagehands are entitled to summary judgment. In particular, one of our major conclusions is that there are genuine factual disputes about whether the stagehands reasonably relied on the City's decision to treat them as independent contractors before ETF determined that they were employees.
The procedure for filing of an application for a summary judgment can be adopted in cases where the defendant has no defence and files a memorandum of appearance to delay the process.
According to the Rules, the requirements that the claimant must satisfy are the filing of the writ of summons of the action in a specially indorsed form, the defendant to file an appearance and the application for summary judgment to be supported by an affidavit verifying the cause of the action and the sum claimed, as well as the affiant to declare that there is no defence in the action.
The Appellate Term reversed, and granted summary judgment
to the insurer, holding that it had established what the correct fee schedule was, and paid that amount.--LNR
She scratches her head while reading defense counsel's report -- the third one today -- where she's asked to authorize filing a motion for summary judgment
on an automobile liability claim.
Despite their textual similarities, winning a motion for summary judgment
in Alaska state court is considerably more difficult than in federal court.
It hardly needs saying that summary judgment
has been a
Ash filed a motion for summary judgment
on December 3, 2009.
Somerfield's next move was to apply for summary judgment
. In order to succeed, Somerfield had to prove that the administrators had no realistic possibility of being able to prove their intention to redevelop the premises.
Edward Nord, who was also named as a defendant in the case, sought an order granting summary judgment
dismissing the complaint against him on the basis that he did not depart from good and accepted medical practice during his care and treatment of Paul, and that the action against him was time barred.
THE EVOLUTION OF FEDERAL SUMMARY JUDGMENT
AND THE ADMISSIBILITY