Page 110 - Summary Judgment News Today

Wednesday, May 12, 2021 On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of COVID-19 in  Alabama Association of Realtors, et al. v. United States Department of Health and Human Services, et al. 1 (the “Decision”).  The DC Court found that the CDC exceeded its authority in issuing such moratorium on nationw...

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevaili...

Monday, May 10, 2021 A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.  In a twenty-page decision, 1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless f...

To embed, copy and paste the code into your website or blog: The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in  Celotex Corp. v. Catrett, 477 U.S. 317 (1986),  Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and  Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).  Summary judgement is the procedur...

To embed, copy and paste the code into your website or blog: Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about how to regulate the discharges or emissions, including what type of permit to issue. Sometimes the state agency gets it wrong, and then citizen groups sue. In that instance, one in which the regulated party relied...

On Friday, April 30, 2021, the U.S. District Court for the District of Massachusetts allowed Defendants’ Motion for Summary Judgment, finding the asserted

To print this article, all you need is to be registered or login on Mondaq.com. Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to "align Floridas summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard."  In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Flor...

It was reported last month that Matt Riddle had been ordered to respond to the lawsuit against him from Candy Cartwright over alleged sexual assault. It seems he has done that, as PWInsider reports that Riddle filed a status report with the court on April 21. In that report, it was noted that Riddle’s lawyers tried to contact Cartwright’s lawyers through email and telephone to file a joint status report, but never heard back. He laid out the following plan: Mr. Riddle proposes the following...

To embed, copy and paste the code into your website or blog: On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), but without m...

How The XRP Community Reply To The SEC’s “Shady” Move The Securities and Exchange Commission (SEC) lawsuit against Ripple Labs, and executives Brad Garlinghouse and Chris Larsen seem to have taken a weird turn. According to the former federal prosecutor and defense lawyer James Filan, the Commission could have allegedly bypass certain rules to its benefit. #XRPCommunity#XRP#SEC v. #Ripple@sentosumosaba BREAKING: DISCOVERY DISPUTE REGARDING #SEC CONTACTING FOREIGN REGULATORS AND SEEKING DI...