In court on Monday, attorney Robert Giuffra, who represents the banks, repeated his argument that disputed issues of fact
warrant a trial.
The court held that summary judgment was precluded by material issues of fact
as to whether prison officers subjected the inmate to lockdown, frequent cell searches and other forms of discipline, in retaliation for his work as a prison library clerk and his filing of numerous grievances.
Thus, the dissenting judge found that the record, rather than conclusively establishing the severity of Devon's condition, only raises issues of fact
, which could not be resolved on a motion for summary judgment.
Granting summary judgment is only appropriate where a thorough examination of the merits clearly demonstrates the absence of any triable issues of fact
After discussing the issues raised by the parties and examining the evidence in the record, the Court of Appeal concluded that there are disputed issues of fact
precluding summary judgment and that a trial on the merits is required to determine whether Pardee's mineral servitude had been preserved by prior operations.
Citing the need to resolve issues of fact
, the court held that the trial court has to ascertain which party controls the partnership to determine whether St.
The commenter's request fails to demonstrate why its written comments do not present its evidence adequately and fails to identify disputed issues of fact
that are material to the Board's decision and would be clarified by a public meeting or hearing.
Summary judgment means that the court found as a matter of law that the plaintiff could not recover, that there were no issues of fact
that needed to be determined by a jury in order for the court to arrive at its decision,'' Oppenheim said.
District Court for the Southern District of New York, ruled that the plaintiffs, who are seeking class-action status for their lawsuit, presented "material issues of fact
on company practices" sufficient to allow their complaint to move forward.
The-Justice further ruled that based upon record, issues of fact
existed regarding whether Greenberg actually knew that Davyon's lease was in existence at the time of the Foreclosure Action and, if so, whether Greenberg is the alter ego of EDEA so that Greenberg's actual knowledge should be imputed to IDEA.
14) All legal questions, unless dependent upon issues of fact
, should be resolved prior to trial.
In its June 6, 2005 decision, the court refused to dismiss any of GP Strategies' claims against EDS and Systemhouse relating to false representations concerning the financial condition of LT's United Kingdom operation and held that GP Strategies had presented evidence sufficient to raise triable issues of fact
as to whether defendants provided GP Strategies with financial projections which they knew to be false or unreasonable, and made representations or omissions indicating that LT's United Kingdom operation was on track to achieve revenue targets which they knew it would be unable to achieve.