Recent Posts

William A. Ruskin: Plaintiff's Failure To Disclose Expert Prior To Summary Judgment Proves Fatal
Posted on 30 Jul 2012 by William A. Ruskin

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

William A. Ruskin: Contradictory Testimony No Basis For Denial Of Summary Judgment
Posted on 11 May 2012 by William A. Ruskin

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... Read More

Vandeventer Black LLP: Ending Lawsuits
Posted on 24 Feb 2012 by Vandeventer Black LLP

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... Read More

John K. Rabiej On The 2010 Amendments To Rule 56 Of The Federal Rules Of Civil Procedure
Posted on 10 Dec 2010 by John K. Rabiej

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... Read More

Foley & Lardner LLP: Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case
Posted on 12 Aug 2014 by Foley & Lardner LLP

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... Read More

William A. Ruskin: Chuck Yeager's Sham Affidavit Not 'The Right Stuff'
Posted on 9 Nov 2012 by William A. Ruskin

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... Read More

North Carolina Business Court Socks Overly Persistent Plaintiff With Attorneys' Fees
Posted on 9 Jul 2012 by Mack Sperling

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... Read More

Summary Judgment Granted In Virginia Breach Of Contract Action Against Restaurant Chain
Posted on 13 Apr 2011 by Lee Berlik

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... Read More

Foley & Lardner LLP: Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice
Posted on 12 Aug 2014 by Foley & Lardner LLP

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... Read More