Judge Slaps Down Recording Industry In Copyrights Suit May 2, 2008
The judge denied the RIAA's motion for a summary judgment. In a 17-page decision, he rejected the idea that putting the materials on a shared folder violated copyright law, noting, "unless a of the work changes hands in one of the designated ways, a "distribution" has not taken place.". (CRN)
Painter suit against county still not resolved 03-23-2008 Mar 23, 2008
In a statement Thursday, Bingham s office said she filed a motion for a summary judgment in favor of the county about two months ago and that it should be ripe for a ruling. Basically, said Painter, we re nowhere. (Plainview Daily Herald, TX)
Sexism Suit Between DA, Death Penalty Prosecutor Begins Monday Mar 3, 2008
Monday's hearing will address three issues: Orloff's motion for a summary judgment, which asks that the case be thrown out, a motion to file portions of some exhibits under seal, and a case management conference. Orloff's attorney, Susan Harriman of the San Francisco law firm Keker & Van Nest, said in a memorandum of points and authorities filed last June 19 that Backers is "dissatisfied with the substantial promotions and accolades she has received as a deputy district attorney" and "wants to... (NBC 11, CA)
Judge tosses lawsuit against Tyson Foods Feb 15, 2008
-based company's motion for a summary judgment in the 2002 damage suit. An attorney for Tyson, Roger Dickson of Chattanooga, said in a telephone interview that the company was happy with the ruling. (Atlanta Journal-Constitution)
Daily Briefing Feb 15, 2008
-based company's motion for a summary judgment in the 2002 damage suit. The lawsuit by four employees sought compensation, contending the company violated the Racketeer Influenced and Corrupt Organizations Act by knowingly hiring illegal immigrants who were willing to work for wages below those acceptable to Americans. (Atlanta Journal-Constitution -- Business)
Biegel's Suit v. Dentsu to Proceed Jan 26, 2008
NEW YORK A District Court judge here today rejected Dentsu's motion for a summary judgment in the case of Steve Biegel v. Dentsu Holdings. The ruling, which , allows Biegel's lawsuit against the agency to proceed, though no date has been set for further court appearances, according to a court representative. (MediaWeek.com)
Efficient courts enhance access to justice Sep 15, 2007
And in Norfolk Superior Court last month an attorney was "flabbergasted" to learn that his motion for a summary judgment would be heard the following week, rather than 10 months later, as he anticipated. These are only two examples of ways the public benefits from the major transformation now underway in our court system. (Boston Globe)
ND appeals court says judge must revisit free-speech ruling Aug 24, 2007
The North Dakota Court of Appeals order Wednesday directs Northeast Central District Judge Debbie Kleven to consider a sworn statement by Roland Riemers, of Emerado, in the context of a UND motion for a summary judgment in its favor. Riemers' affidavit says he and other petition circulators were attempting to gather signatures on the UND campus last August for a ballot measure that sought to radically revamp North Dakota's laws on child custody and support. (Bismarck Tribune, ND)
Benedict's president sued by professor over grading policy Apr 16, 2007
Benedict has filed a motion for a summary judgment that the college has done nothing wrong and the lawsuit should be dismissed without a trial. Information from: The State, http://www. (Orangeburg Times and Democrat, SC)
Danniel's lawyer files appeal Apr 8, 2007
Heidi and John Dumont of Burlington filed a motion for a summary judgment earlier this year that claims ownership of the home previously owned by her aunt, Ruth Danniel. Under terms of the agreement, the couple assumed the home's mortgage and allowed Ruth Danniel to live at the residence at no charge. (The Hawk Eye)
Judge denies request to throw out hospital certificate Apr 7, 2007
MRH and WMC had asked an administrative law judge to throw out HCA s certificate-of-need through a motion for a summary judgment, which offers a quick and inexpensive solution to resolving cases without the requirement of a hearing. But in light of Administrative Judge Leonard Pogue finding disputed issues of material fact in the case, the summary judgment was denied and the CON appeal process will proceed to trial. (Columbia Daily Herald, TN)
Purple People Bridge Climb lawsuit dismissed Feb 28, 2007
In late February, Judge Richard Niehaus granted the defendants' motion for a summary judgment, saying he found the plaintiff's argument "unpersuasive,". Niehaus said the contract didn't contain a confidentiality clause, that defendants complied with its provisions and Jackson didn't suffer any damage as a result. (Cincinnati Business Courier, OH)
Wrongly convicted man to receive $4 million settlement Jan 24, 2007
U.S. District Judge Robin Cauthron denied Gilchrist's motion for a summary judgment in the case on Jan. 16 and a tentative agreement was floated at a settlement conference held the next day. Gilchrist filed a wrongful termination lawsuit, but a federal judge ruled that her inadequate forensic work was sufficient reason for the city to fire her. (Bartlesville Examiner-Enterprise, OK)
Westside Development and Headlines Jan 14, 2007
Wendell Mortimer Jr. granted a motion for a summary judgment on the claim by 12 defendants, ruling that there is no medical link to emissions from the active oil wells and cancer cases among present and former students. Beverly Hills Mayor Steve Webb said the city and the school district have spent more than 1 million on testing to determine that the school is safe. (Brentwood Media Group, CA)
Ark. appeals court rules against hospital in feeding tube case Nov 9, 2006
In 2002, Quorum filed a motion for a summary judgment against the estate, saying the suit should be dismissed since the hospital was no longer named, the court opinion said. Barnes' estate later refiled its suit against Quorum, which twice asked for more time before providing more information. (Pine Bluff Commercial, AR)
Delay sought in hearing to dismiss lawsuit in son's death Oct 19, 2006
Lipman has asked that he be given until Nov. 17 to respond to the motion for a summary judgment, and that a hearing be held after that date. According to court documents, the county and Crabb's attorney are not resisting the delay and have asked the court to schedule the hearing in December. (Muscatine Journal, IO)
Court: No error in Taser case Jun 10, 2006
U.S. District Judge John E. Jones III granted the borough's motion for a summary judgment on May 19 -- effectively terminating the lawsuit for lack of merit. "We're pleased with the judge's decision," Police Chief Stephen Margeson said Friday. (Carlisle Sentinel, PA)
Bush team blocks suits with state secrets claim Jun 5, 2006
" Negroponte said he was providing more detail in classified filings. In the Michigan case, a federal judge has introduced a potential kink in the government's use of the state secrets privilege. U.S. District Judge Anna Diggs Taylor on Wednesday ordered a June 12 hearing on the ACLU's motion for a summary judgment, which asks that the NSA eavesdropping program be declared illegal and unconstitutional. Taylor, noting that the government had failed to respond to the ACLU's motions in the case,... (San Francisco Chronicle -- Politics)
Judge: State can charge utilities rent for use of certain riverbeds Apr 19, 2006
On Friday, the Helena judge granted the state s motion for a summary judgment, which means he ruled without conducting a full trial. It s clear that the judge did determine that the state does have to determine both the ownership (of the streambeds) through navigability and that the property is school trust land, McGrath said in an interview. (Helena Independent Record, MT)
