JD Supra

Ambiguous Application Questions Preclude Summary Judgment on Rescission Claim

In Duarte v. Pacific Specialty Ins. (No. A143828; filed 6/12/17, ord. pub. 6/29/17) a California appeals court held that an insurer was not entitled to summary judgment on its rescission claim because ...
JD Supra

A Roadmap for Summary Judgment in Alberta

In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides “the evidence required to fairly and justly ...
Law

Confessions of Judgment by Out-of-State Residents Are No Longer Enforceable, But Summary Judgment in Lieu of Complaint Can Provide Similar Relief

A discussion of confessions of judgment and the use of summary judgment in lieu of complaint in light of the amendments back in 2019 that made confessions of judgment unenforceable against ...
World Trademark Review

Summary judgment application rejected in unregistered design infringement claim

In Dahlia Fashion Co Ltd v Broadcast Session Ltd, an application for summary judgment in a dispute over unregistered design rights has failed: although the defence advanced by the defendants ...
Law

Utah Court of Appeals: There's No Such Thing as Summary Judgment Without Prejudice

"ShipEx was simply wrong to assert that the court could grant summary judgment without prejudice based on an application of the factors in rule 41(b), and it led the court to adopt this error," said ...