motion for summary judgment standard

• Grassia v. Cleveland, (Ohio 2010)

MOTION FOR SUMMARY JUDGMENT; DE NOVO STANDARD OF REVIEW; POLITICAL SUBDIVISION IMMUNITY; R.C. CHAPTER 2774; R.C. 2744.02; R.C. 2744.09(B); R.C. 2744.09(C).

• Ohio Supreme Court

• Boros v. Sears, Roebuck & Co., (Ohio 2007)

Motion for summary judgment; standard of review; open and obvious doctrine; sidewalk defects.

• Ohio Supreme Court

• Kaczkowski v. Ohio N. Univ., (Ohio 2006)

Proper standard of review on a motion for summary judgment for claims involving a university is de novo.

• Ohio Supreme Court

• Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants.

... an anonymous blogger is typically a motion for leave to take discovery prior to the Federal R...There is not a single standard that is applied uniformly by all of the federal di... is based, could survive a motion for summary judgment. The lowest standard is the motion to dis...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Zappola v. Leibinger, (Ohio 2006)

MEDICAL NEGLIGENCE; NEGLIGENCE; NEGLIGENT MISREPRESENTATION; SUMMARY JUDGMENT; MOTION FOR A NEW TRIAL; LEARNED INTERMEDIARY DOCTRINE; DIRECTED VERDICT; EXPERT WITNESS; ABUSE OF DISCRETION; STANDARD OF CARE; EVID.R. 701; CAUSATION; JURY INSTRUCTIONS; NON-DELEGABLE DUTY; INDEMNIFICATION; ACTIVE NEGLIGENCE; PASSIVE NEGLIGENCE; HEARSAY; HARMLESS ERROR; CUMULATIVE EVIDENCE.

• Ohio Supreme Court

• Hicks v. Toledo Blade Co., (Ohio 2004)

A trial court's decision to strike an affidavit offered in support of or in opposition to a motion for summary judgment is reviewed under an abuse of discretion standard. A nonmoving party cannot attempt to create a genuine issue of material fact on a dispositive issue by offering an affidavit that contradicts his prior deposition testimony. An expert witness's opinion is unreliable if it is based upon an incomplete record. Fyffe v. Jeno's, Inc., (1991), 59 Ohio St.3d 115, followed and applied.

• Ohio Supreme Court

• Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)

... discovery, petitioners moved for summary judgment pursuant to Federal Rule of Civil Procedu... their case under the New York Times standards and that summary judgment was proper because actua...Opposing the motion, respondents claimed that an issue of actual malic...

• U.S. Supreme Court

• Sandra Culver v. CCL Label Inc., (6th Cir. 2012)

...") appeals the district court's grant of judgment as a matter of law to Defendant-Appellee CCL Label... court's subsequent denial of Culver's motion to alter or amend judgment, for judgment as a mat... court erred by applying the wrong standard with regard to the forth prong of her prima facie ... the motion seeks review of a grant of summary judgment, the standard of review is de novo. See S...

• Federal Circuits

• Trinity Mortgage Companies, In v. Dryer, (10th Cir. 2011)

... ORDER AND JUDGMENT *. Before LUCERO, BALDOCK, and TYMKOVICH, Circuit ...order granting summary judgment in favor of David Dryer and Dryer and. As... Trinity, the state court granted the motion against Trinity in the amount of $71,350 in Januar.... STANDARD OF REVIEW We review the district court's gra...

• Federal Circuits

• Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants

... an anonymous blogger is typically a motion for leave to take discovery prior to the Federal R...There is not a single standard that is applied uniformly by all of the federal di... is based, could survive a motion for summary judgment. The lowest standard is the motion to dis...

• Mondaq Business Briefing
• United States Law Articles in English