Cross-Motions for Summary Judgment: Be Careful What You ConcedeMichael M. Conway
Kootenai County District Judge Lansing L. Haynes heard cross motions for summary judgment April 26 in the case against the Festival at Sandpoint and city of Sandpoint, in which two private citizens allege that their constitutional rights were violated when they were denied entrance to the concert s...
As you could imagine, that made the filing costs for summary judgment motions and oppositions needlessly higher. Subparagraph (A)(4)(b) was meant to fix that. Nevertheless, parties availing themselves of the “adoption by reference” procedure in Article 966(A)(4)(b) ...
We note that in addition to failing to reference Marriott, the motion also was untimely. The magistrate judge's pre-trial scheduling order set August 29, 2003, as the deadline for Daley to file any motions to add parties or amend pleadings ...
It also appeals from the denial of post-trial motions for judgment n.o.v. and for a new trial. The affiliated plaintiff corporations, Sunward Corporation, Wedg-Cor, Inc., and Marvel Brute Steel Buildings, Inc. (collectively "Sunward") sued Dun & Bradstreet over the issuance of at least ...
1. Motions ruled upon before the jury verdict This court reviews de novo a district court's dismissal of a claim under Rule 12(b) (6) of the Federal Rules of Civil Procedure.Bloch v. Ribar, 156 F.3d 673, 677 (6th Cir. 1998). "A complaint should not be dismissed for failure to...
In granting Exxon's motion for summary judgment, the district court, in a footnote, dismissed Kellogg's remaining claims as moot: The dismissal of Kellogg's action renders moot the following pending motions: Exxon's renewed motion for partial summary judgment on Kellogg's state dilution claim; ...