Most litigators are familiar with the requirement that a summary motion be supported with “evidentiary proof in admissible form” establishing the merits of a cause of action or defense. Nevertheless, ...

Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative ...

This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Eric N. Vitaliano dismissed all claims and the sole ...

Most headlines about employment law cases, whether it is an employment discrimination or whistleblower retaliation claim, relate to a jury trial verdict. Big damage awards in age discrimination and ...

If a party files an unsuccessful motion for summary judgment and fails to appeal the denial, opting instead to go forward with a full trial on the merits, may that party then appeal the order denying ...

The Supreme Court’s decision in Hryniak v. Mauldin broadened the availability of summary judgment across Canada as the court focused its attention on access to justice and proportionality in ...