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	Summary judgment - Wikipedia, the free encyclopedia
		Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial.
		A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through the directions by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried.
		A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
	en.wikipedia.org /wiki/Summary_judgement (1406 words)

	Answer to their Response - Motion for Summary Judgement
		The Plaintiff will therefore now construct a series of logical arguments showing the he is entitled under the law to summary judgement on the basis of only facts for which the defendants have admitted and will use no facts in controversy, and will answer Defendants' affirmative defenses.
		The Plaintiff's motion for summary judgement does not rely on his attempt to appear because even if the Plaintiff made no attempt to appear, the fact that there was no deposition to appear for is unchanged.
		Summary ------- 1) The Plaintiff has established that he might have attended his deposition and the Defendants have through their admission shown that they had actual knowledge that the Plaintiff might attend.
	www.perkel.com /pbl/married/state1/summary2.htm (2585 words)

	Legal Definition of Summary Judgement
		SUMMARY JUDGEMENT - A decision made on the basis of statements and evidence presented for the record without a trial.
		It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law.
		Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried.
	www.lectlaw.com /def2/s102.htm (281 words)

	Harris Beach \| News & Events \| Articles
		A general theme seems to be that while summary judgment is applied with added rigor in employment discrimination cases, where intent and credibility issues are crucial, it is not per se improper and may be useful in weeding out claims and cases obviously lacking merit.
		Prior to determining whether summary judgment is appropriate, counsel must not only consider the facts, but venture to understand the court and the judge, and perhaps most importantly, study how a particular judge has historically viewed these motions.
		But if a summary judgment motion is denied, despite the extreme cost involved, the defense has already laid out its case and eliminated its element of surprise and, perhaps, reinforced the strength of the case in the mind of the plaintiff.
	www.harrisbeach.com /news/articleviewer.cfm?aid=29 (961 words)

	LePage v. 3M - Motion for Summary Judgement Denied
		Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.
		A party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact.
		That is, summary judgment is appropriate if the non-moving party fails to rebut by making a factual showing "sufficient to establish an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v.
	www.stolaf.edu /people/becker/classes/econ244/lepagev.htm (6685 words)

	Joe Jamail Letter to Chief Justice Phillips Re: Summary Judgement - Proposed Tex.R.Civ.P. 166a
		Summary judgment provisions were not made in the first promulgation of the Texas Rules of Civil Procedure in 1940, although the federal courts had implemented summary judgments in 1937.
		Summary judgment is limited to the issues expressly placed before the trial court by motion and response.
		Nevertheless, summary judgment is a harsh remedy that courts should deny unless the movant clearly establishes a right to summary judgment as a matter of law.
	courtstuff.com /trap/JJ.HTM (4253 words)

	Dennis Toeppen -- Summary Judgement
		Accordingly, the Court grants the plaintiff's motion for summary judgment and enjoins the defendant from further violations of the dilution statutes.
		Summary judgment is disfavored in trademark cases because of the inherently factual nature of most trademark disputes.
		Nonetheless, summary judgment is appropriate "where the party opposing the motion fails to demonstrate the existence of any material issues of fact for trial." Sykes Laboratory, Inc. v.
	www.fas.harvard.edu /~libcse10/toeppen.html (4571 words)

	[No title]
		We are mindful that summary judgement should be granted only where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, show that there is no genuine issue as to any material fact and that the movant is entitled to judgement as a matter of law.
		If a party moving for summary judgement supplies facts which, if left uncontradicted, would entitle the party to a judgement as a matter of law, the opposing party cannot rely on its pleadings alone to raise issues of material fact.
		Although Safeway suggests it was the conduct of the insured in this case that led to the inability to identify the hit©and©run vehicle, we conclude it was clearly the conduct of the hit©and©run driver that precluded Hister from ascertaining the identity of the owner or operator of the vehicle.
	www.state.il.us /court/opinions/appellatecourt/1999/1stdistrict/march/wp/1981208.doc (2994 words)

	Mark R. Levin on law on National Review Online
		Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
		When a motion for summary judgment is made, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial.
		Therefore, when a defendant moves for summary judgment based upon an affirmative defense to the plaintiff's claim, the plaintiff must bear the burden of producing some evidence to create a fact issue some element of defendant's asserted affirmative defense.
	www.nationalreview.com /document/document073001.shtml (1750 words)

	Partial Summary Judgement-Memphis Center for Independent Living and United States as Plaintiffs-Intervenors v. Richard ...
		Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.
		In other words, summary judgment is appropriately granted "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will hear the burden of proof at trial." Celotex Corp. v.
		In evaluating a motion for summary judgment, all the evidence and facts must be viewed in a light most favorable to the nonmoving party.
	www.usdoj.gov /crt/housing/documents/grantorder1.htm (5809 words)

	040506 DOJ - Denial of Partial Summary Judgement
		In the present Motion, the Government seeks partial summary judgment on the element of its RICO claims that Defendants have caused the mailings and wire transmissions underlying the 145 racketeering acts alleged in its complaint, as well as 635 additional racketeering acts it later sought to rely upon.
		The Government states that it is seeking partial summary judgment as to one requirement of the mail and wire fraud alleged; in fact, however, it is seeking partial summary judgment as to only one portion of that requirement of mail and wire fraud, i.e., causing the use of the mails or wire transmissions.
		As a result, the Court cannot evaluate, particularly in a summary judgment posture, who "caused" a transmission independent of the further evaluation of whether the mail or wire transmissions were related to an existing scheme to defraud.
	www.tobacco.org /resources/documents/040506dojad.html (1570 words)

	Louisiana Injury Attorneys, Ask Our Lawyers, Motion for Summary Judgement
		As the name implies, the motion for summary judgment is a motion filed by one of the parties seeking to obtain a judgment on all or part of the case in a summary fashion.
		An issue or case which is decided by summary judgment is not allowed to be presented to a judge or jury at trial.
		In support of the motion for summary judgment, a party is allowed to use all of the information obtained during the discovery phase of the lawsuit, including, without limitation, deposition testimony, answers to interrogatories and answers to requests for production.
	www.louisianaattorneystoday.com /askourlawyers4-whatismotion.html (538 words)

	Motion for Summary Judgement
		There are no facts that demonstrate the existence of a genuine issue of material fact and thus summary judgement is appropriate.
		WHEREFORE, Plaintiff prays for an order of the court to: 1) Enter partial summary judgement to set aside the judgement of the divorce trial court pursuant to Rule 74.06(d) or alternatively to at least grant Plaintiff relief from judgement by issuing and injunction preventing execution of judgement.
		To overcome a summary judgement motion, the party against whom judgement is sought must produce facts that demonstrate the existence of a genuine issue of material fact.
	www.perkel.com /pbl/married/state1/summary.htm (3806 words)

	Reply in Support of Summary Judgement
		To survive summary judgment, plaintiffs now must point to "specific facts showing that there is a genuine issue for trial" concerning whether the COIC does not possess the characteristics that Rick Ross attributes to destructive cults.
		1991) (motion for summary judgment in a libel case should be granted where facts offered to defeat motion "have so little probative value, given the quantum of evidence required" that a reasonable jury could not return a verdict in favor of the nonmoving party).
		To survive summary judgment, plaintiffs must come forward with clear and convincing evidence that Ross knew his comments were false, or that he made them with conscious disregard of their falsity.
	www.rickross.com /reference/immortalconsciousness/immortalconsciousness7.html (2403 words)

	Summary Judgement Ruling in SC (6/23) - Digital Insurrection Discussion Forum
		It appears that 2 of the 4 defendents were awarded summary judgements on the spot and 2 were taken "under advisement".
		Because we won at summary judgment, we did not open those cans of worms, but I think that upon clamer reflection the local counsel can and will see the potential problems and may want to take a pass on this one case, rather than having to deal with that same attack in hundreds of cases.
		The consent to the summary judgment based on the circumstances of the case was about as pertinent as my consenting to the sun rising this morning.
	forums.digitalinsurrection.com /forum/showthread.php?t=154648 (2393 words)

	investire cu formula executorie - summary judgement (Romanian to English translation glossary) Law (general),Law/Patents
		A motion for summary judgment is made after discovery is completed but before the case goes to trial.
		Supreme Court issued three decisions (the so-called trilogy) restructuring the burdens of plaintiffs and defendants in the summary judgment process.(16) The Court equated the standard for granting summary judgment with the directed verdict standard of FRCP 50(a).
		Bogdan Burghelea: "summary judgement", după cum sugerează numele este o procedură simplificată, prin care nu se intră în fondul cauzei.
	www.proz.com /kudoz/1053760 (924 words)

	JUDGEMENT SUMMARY
		I emphasise that this summary is not part of the written Judgement which is the only authoritative account of the Appeals Chamber’s rulings and reasons.
		The Appellant draws the Appeals Chamber’s attention to specific paragraphs of the Sentencing Judgement, concerning (1) the events in Zvornik, (2) the meetings at the Hotel Fontana, and (3) the Trial Chamber’s statement of his rank.
		In light of the position of the statement in the Sentencing Judgement and the harshness of the words used by the Trial Chamber, the Appeals Chamber concludes that the Trial Chamber took this factor into account to the detriment of the Appellant when assessing his sentence.
	www.un.org /icty/mnikolic/appeal/judgement/nik-sum060308-e.htm (3409 words)

	IP-WARS.NET \|\| Direct TV loses a Summary Judgement (Site not responding. Last check: 2007-10-26)
		The Opinion is brief and it grants summary judgement to the defendant because Direct TV has no evidence of even a rudimentary case.
		56, summary judgment is appropriate if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
		Summary judgment is appropriate only if the moving party demonstrates that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.
	www.ip-wars.net /story/2004/11/5/142126/795 (1274 words)

	Blumenthal v. AOL Motion for Summary Judgement
		Summary judgment must be granted where there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
		AOL is entitled to summary judgment on the first set of claims because they are barred by 47 U.S.C. § 230, and it is entitled to summary judgment on the second set because AOL was not responsible in any way for Drudge’s alleged oral statements to the press.
		For the foregoing reasons, AOL should be granted summary judgment and all of the plaintiffs’ claims against AOL should be dismissed with prejudice.
	legal.web.aol.com /decisions/dldefam/blumenmo.html (9205 words)

	FLSD denied summary judgement Jeff Hunt News Editor
		On Thursday the district was back in court seeking a summary judgement to allow the 7.55 mill increase.
		According to E. Kent Hirsch, attorney for the plaintiffs, the summary judgement was denied.
		Since the summary judgement was declined, the collected millage will be placed in escrow pending future court action.
	www.hsvvoice.com /news/2004/0331/Front_Page/004.html (369 words)

	PART 24 - SUMMARY JUDGMENT
		In civil proceedings against the Crown, as defined in rule 66.1(2), a claimant may not apply for summary judgment until after expiry of the period for filing a defence specified in rule 15.4.
		If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing.
		Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days’ notice of –
	www.dca.gov.uk /civil/procrules_fin/contents/parts/part24.htm (688 words)

	Lisa McPherson case - Order denying defendants' motion for summary judgement on wrongful death claim (count 1)
		The Defendants had also filed a Motion for Summary Judgement as to Count V, the Negligent Survival Claim and the plaintiff combined her response as to both motions.
		A motion for summary judgment may only be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to a judgement as a matter of law.
		On the this basis alone, no summary judgment can be granted at to Count I. The Defendants discuss what the Plaintiffs' experts stated in their depositions and affidavits to attempt to establish that the Plaintiff can prove no issue of intentional wrongdoing.
	www.whyaretheydead.net /lisa_mcpherson/legal/oddc1020930.html (4568 words)

	ITworld.com - RIAA seeks summary ruling against Napster
		The motion for summary judgement was filed Tuesday (8/7/01) with the U.S. District Court for the Northern District of California, where the Recording Industry Association of America (RIAA) filed its lawsuit against Napster in December 1999.
		Requests for summary judgement are based on statements and evidence submitted to the court before a case has come to trial.
		"Summary judgement is a difficult motion to win because the party moving for it has to show that there are no issues of material fact that need to be decided, and here I believe that there are material facts to be decided," he said.
	www.itworld.com /Man/2683/IDG010809napster (842 words)

	040506 DOJ - Denial of Full Summary Judgement
		In the present Motion, Defendants seek summary judgment on all claims on the grounds that the Government cannot meet its burden of showing a reasonable likelihood of Defendants' future RICO violations.
		Defendants argue that they are entitled to summary judgment because the Government has not shown a reasonable likelihood of future RICO violations.
		For all the foregoing reasons, Defendants are not entitled to summary judgment on all claims on the grounds that there is no reasonable likelihood of RICO violations, and their Motion is denied.
	www.tobacco.org /resources/documents/040506dojab.html (1633 words)

	Converted file jsk
		Patrick Sherman and Sherman and Armbruster, P.C. (“S and A”) bring this interlocutory appeal of the trial court’s denial of their motion for summary judgment on Eli Tomlinson’s action against S and A. We reverse.
		Summary judgment is appropriate only if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
		A genuine issue of material fact exists where facts concerning an issue which would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.
	www.in.gov /judiciary/opinions/previous/archive/05080104.jsk.html (1225 words)

	DOJ Ruling on BATCo's Request for Summary Judgement
		Defendant BATCo seeks summary judgment on all claims against it on the grounds that the Government cannot establish BATCo's liability under either Sections 1962 (c) or (d) of RICO.4 Section 1962 (c) liability attaches to one who "participate[s] in the operation or management of the enterprise itself." Reves v.
		Liberty Lobby, Inc., 477 U.S. In considering a summary judgment motion, “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255; see Washington Post Co. v.
		For all the foregoing reasons, Defendant BATCo is not entitled to summary judgment on the claims against it, and its Motion is denied.
	www.tobacco.org /resources/documents/040528dojbatco.html (1591 words)

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