Mark I. Wallach | McCarthy Lebit Crystal Liffman Expert testimony has become a staple of trial testimony, both on substantive issues of liability and especially on damages calculations. Trial lawyers often rely on experts to explain technical issues to judges and juries, as well as to establish industry practices and standards. Ohio Rule of Evidence… Continue reading Expert Testimony & Summary Judgment: A Glitch In The Law
Tag: Summary Judgment
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd’s Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024). … Continue reading Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Insured’s Count for Bad Faith Stripped from Claim
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for partial summary judgment challenging the insured’s bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024). Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during… Continue reading Insured’s Count for Bad Faith Stripped from Claim
Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Taylor Brett | Adams and Reese Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them before granting a motion for summary judgment. Certain of these provisions concern the way that parties… Continue reading Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
Michael O’Donnell, Matthews A. Florez, Kori Pruett and Shelley Wu | Riker Danzig What You Need to Know Introduction In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to… Continue reading Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions