LexisNexis® Legal Newsroom
John K. Rabiej On The 2010 Amendments To Rule 56 Of The Federal Rules Of Civil Procedure

Important amendments to Rule 56 of the Federal Rules of Civil Procedure became effective Dec. 1, 2010. The amendments are intended to improve the procedures for presenting and deciding summary judgment motions, to make the procedure more consistent across the districts, and to close the gap that has...

Summary Judgment Granted In Virginia Breach Of Contract Action Against Restaurant Chain

A U.S. district judge in Virginia has ruled that a restaurant chain operator is liable for breach of contract and is obligated to pay a franchise consulting company for sales and marketing services that the consultant performed for the chain under the contract between the two companies. Rejecting the...

Vandeventer Black LLP: Ending Lawsuits

By Ned Nicholas Hundreds of thousands of lawsuits are filed in the United States every year. The bulk of these are routine collection matters, so it is not surprising that relatively few of these cases end with a trial. But thousands of hotly-contested business and personal injury lawsuits are...

William A. Ruskin: Contradictory Testimony No Basis For Denial Of Summary Judgment

By William A. Ruskin All too often, a defendant in a toxic tort case loses a motion for summary judgment because the court determines that imprecise witness testimony creates a triable issue of fact that warrants denial of the motion. Indeed, it is the rule in California that the task of deciphering...

North Carolina Business Court Socks Overly Persistent Plaintiff With Attorneys' Fees

Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on [June 12] in McKinnon v. CV Industries, Inc. , No. 09 CVS 830...

William A. Ruskin: Plaintiff's Failure To Disclose Expert Prior To Summary Judgment Proves Fatal

By William A. Ruskin In Akron Scott v. Westmore Fuel Company, Inc . (6/14/12) [ enhanced version available to lexis.com subscribers ], the Appellate Division, First Department, examined the timing of plaintiff's tardy expert disclosure. In that case, plaintiff disclosed his expert for the first...

William A. Ruskin: Chuck Yeager's Sham Affidavit Not 'The Right Stuff'

By William A. Ruskin Practitioners should be cognizant of the "Sham Affidavit" rule and how it can be applied to self-serving attempts to manufacture issues of fact for the purpose of defeating summary judgment. In an excellent article titled, " Ignorance Is Not Bliss: 'Sham Affidavit'...

Foley & Lardner LLP: Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

By Philip C. Babler [On Aug. 7], the Wisconsin Court of Appeals released its opinion in Farm-To-Consumer v. Wis. DATCP , 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production [ enhanced opinion available to lexis.com subscribers ]. A couple of local farmers...

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

By Thomas L. Shriner Jr. Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories , addressing what Judge Bennett perceived as abusive discovery conduct in a case...