motion for summary judgment

Walking Outside the Crosswalk

Mark McAndrew
December 28, 2011 15:32

While crossing a Chicago street, Beverly Longo strayed outside the crosswalk and was hit by a Chicago Transit Authority (CTA) bus. She claimed that she could not cross within the crosswalk because there were other pedestrians and a bicyclist who was making deliveries for a local sandwich...

SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment

Jason Cornell
August 14, 2011 19:53

Summary In an 24 page decision signed June 20, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted several parties’ motions for a continuance opposing several motions for summary judgment, holding that a motion for continuance must be analyzed before even considering a...

Decision in DBSI Delays Motion for Summary Judgment

Jason Cornell
June 07, 2011 13:36

Summary In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession of the moving party a continuance of a motion for summary judgment for purposes of discovery should be granted...

Dead Man's Act- Discovery Deps

Mark McAndrew
February 13, 2011 18:53

The Dead Man's Act provides: "In the trial of any action in which any party sues or defends as the representative of a deceased person . . ., no adverse person directly interested in the action shall be allowed to testify on his or her own behalf to any conversation with the deceased . . . or...

Open and Obvious

Mark McAndrew
February 06, 2011 21:31

Recently I did a video summarizing a case where a store was granted a Motion for Summary Judgment based upon the Open and Obvious doctrine. www.hennessyroach.com/updates/mcandrew_fleet_update.html Unfortunately they are not always that easy, see below: On September 25, 2001, plaintiff,...