It is in this form: "In civil actions between citizens of different States, every issue of fact
, arising in actions at common law, may be tried by a jury if the parties, or either of them request it.
If she finds any issue of fact
, she can try that issue, said MBIA counsel Marc Kasowitz.
Thus, the court was satisfied that the plaintiff failed to meet his burden of proof and affirmed the entry of judgment for the defendant on the grounds that there was a genuine triable issue of fact
, which had been decided in favor of the defendant, which, due to the lack of sufficient evidence, the court would not be able to overturn.
This issue of fact
is only dealt with sparingly in the last paragraph of your report and therefore we believe an impression is given to your readers that the Assembly is dragging its feet over the issue.
Further, the court held that contrary to the plaintiff's contention, she did not submit evidence raising a triable issue of fact
as to whether the decedent was injured as a result of the resuscitations themselves.
7491) had failed to meet the burden of proof on any contested issue of fact
A triable issue of fact
exists regarding whether the curvature in the highway constituted a dangerous condition, whether the county was on notice of this alleged dangerous condition, and whether the county took reasonable action to protect against the risk of injury created by the alleged dangerous condition,'' the ruling said.
The appeals court held that summary judgment was precluded by a genuine issue of fact
as to whether the arrestee's constitutional rights were violated by the civil debt-related incarceration, where the county incarcerated him for failure to pay fines and court costs without any inquiry into his ability to pay.
On a motion for summary judgement, a plaintiff need only raise a triable issue of fact
regarding whether defendant's conduct proximately caused plaintiffs injuries.
Since the patient's expert failed to address this issue, the patient failed to raise a triable issue of fact
as to whether the defendant physician's actions were the proximate cause of the patient's injury.
The court went on to determine that a triable issue of fact
exists as to whether ABI "substantially appropriate(s) the constituent elements of (BAPCO's) original format" or merely copies uncopyrightable facts.
The court concluded that there was no reason to exempt third-party payers from the natural consequences of their actions and that an issue of fact
existed as to whether the review decision proximately caused the youth's suicide.