Page 111 - Summary Judgment News Today

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any...

To print this article, all you need is to be registered or login on Mondaq.com. In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of frustration of purpose and impossibility for relief. Both of these doctrines allow for the argument that a default is excusable under circumstances that were unforeseeabl...

By Memorandum Order entered by The Honorable Colm F. Connolly in 10x Genomics, Inc. v. Celsee, Inc., Civil Action No. 19-862-CFC-SRF (D.Del. April 8, 2021), the Court denied Defendant’s Motion for Summary Judgment on Plaintiff’s false advertising claims under the Lanham Act and the Delaware Deceptive Trade Practices Act (“DTPA”) after finding that genuine issues of material fact preclude summary judgment or that the asserted claims do not fail as a matter of law. A copy of the Memorand...

In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business...

A lawsuit filed on behalf of several Albemarle County residents against two Charlottesville police officers accused of violating their civil rights by stopping their car while in Nelson County, out of their jurisdiction, is heading to mediation following a judge’s order. According to the lawsuit, filed in 2018 by local civil rights attorney and social activist Jeff Fogel, Officer Jon Freivald was wearing his city police uniform and driving his squad car on Oct. 12, 2016, when he pulled ove...

Agriculture your username March 15, 2021 CNH Industrial America LLC appealed a lawsuit against it from the Western District of Pennsylvania to the Third Circuit Court of Appeals on Thursday. The plaintiff in the lawsuit, Douglas Bieda, filed an implied warranty claim purporting that he had purchased a defective CNH crop planter causing him to have a diminished crop yield.  The Notice of Appeal reported that CNH was appealing the court’s decision to deny its Motion for Summary Judgment which ...

Key Points On Wednesday, March 10, 2021, the U.S. Senate confirmed Michael Regan as the next EPA Administrator. Although Regan and most of the Biden-Harris administration’s other high-level EPA officials have fairly limited private sector experience, they are known as seasoned, pragmatic leaders who bring substantive expertise to their roles. Over the next four years, expect Regan’s team to oversee significant regulatory action and increased enforcement across all media, all while prioritiz...

There has been continuing attention to the application of the “ongoing-storm rule” as a valid defense in New Jersey for landowners and their insurers in slip and fall-type accidents...

Drummond Coal Sales Inc. v. Kinder Morgan Operating LP “C”, 2021 WL 613748. The issue addressed was whether the inability to meet the minimum tonnage shipping requirements were excused because of the impact of government environmental regulations. Drummond Coal Sales Inc. (“Drummond”) and Kinder Morgan Operating LP “C” (“Kinder Morgan”) entered into a 10-year contract. Kinder Morgan agreed to allow Drummond to import coal through its Shipyard River Terminal (“Terminal”) in C...

Becker County and its Personnel, Vivian Anderson, Josie Johnson, Matthew H. Johnson, John Freeman, and Michele Clayson acting in their individual capacities, and Todd Glander and Paula Peterson acting in their individual and official capacities, Defendants. Plaintiff Kyle Allen Rusness was in custody at Becker County Jail (“BCJ”) from January 17, 2015, to February 3, 2015, at which time BCJ staff transported him to a hospital. Mr. Rusness brings this action alleging five counts again...