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."
We also conclude that a genuine issue of fact
persists with respect to certain breach-of-contract claims.
Here, in opposition to the defendants' prima facie showing, the plaintiff raised a triable issue of fact
as to whether the allegedly unexpected action of the tubing park attendant, in prematurely unhooking the plaintiff's snow tube from the tow line, created a dangerous condition over and above the usual dangers that are inherent in the sport of snow tubing (see Morgan v State of New York, 90 NY2d at 485).
"Here, no genuine issue of fact
exists with respect to whether Decedent preserved his common law right to sue.
These are allegations only, which RBS disputes and does not admit, and there has been no trial or adjudication or judicial finding of any issue of fact
'It cannot be overemphasized that the threshold issue as it is now being presented is more an issue of fact
than a question of law,' the Comelec said.
A respondent in a landlord-tenant matter who has raised a triable issue of fact
in response to a petition has the right to a trial, Valleriani wrote in the three-page decision dated March 27.
The ultimate issue of fact
in the larceny trial was whether, on September 6, 2013, Pijor took the dog with the intent to steal him.
Reddys and the US Department of Justice agreed to the settlement of the action without any adjudication of any issue of fact
"Should there arise any issue of fact
or of interpretation and the parties fail to find consensus, the issue ought to be referred back to the court," he said.
But Defendants' appeal relies heavily on factual arguments despite our holding that "a district court's pretrial rejection of a qualified immunity defense is not immediately appealable to the extent that it turns on either an issue of fact
or an issue perceived by the trial court to be an issue of fact
." Cady v.
Whether or not the decedent's signs and symptoms presented in text hook fashion is an issue of fact
for expert opinion thus.