While there is general agreement that the function of a summary judgment procedure is to determine the existence of triable issues of fact,'workable standards for making that determination are singularly lacking in the California decisions. The typical appellate courtBauman, John A...
summary judgment [suhm-uh-ree juhj-muhnt] Phonetic (Standard)IPA noun ,Law. a judgment that is entered without the necessity of jury trial, as one based on affidavits that convince the court that there is no arguable issue: The creditor filed a motion for summary judgment against the ...
On September 12, 2024, the Sacramento Superior Court denied summary judgment to both the Investment Company Institute (“ICI”) and the California Controller regarding the construction of California Code of Civil Procedure § 1516 (“Section 1516”), the statutory provision that determines when a se...
Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data Companies Are Collecting and Sharing When Consumers Watch Video OnlineDeGraw, James
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District Court for the Northern District of California has granted summary judgment to the maker of the antipsychotic medication Abilify on the plaintiff’s failure to warn and negligent design defect claims. Rodman v. Otsuka America Pharmaceutical, Inc., 2020 WL 2525032 (N.D. Cal. May 18, ...
The California Supreme Court has a problem. There is tension between its mission to give each case due consideration, and the need to keep its docket under control. This piece proposes a possible solution: summary reversal.[1] On average, each year the court considers twenty capital cases, ...
(8) If either EEI or SNL discontinues providing the data specified above, the Committee shall select a data source that, in the Committee’s judgment, will provide data most comparable to the data provided by EEI or SNL, as the case may be. If the JD Power Residential National Large ...
11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you ...
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