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McDermott Will & Emery | USA | 1 Jun 2023
Well Runs Dry: Summary Judgment Denial Supports Non-Exceptional Case Finding
The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees, explaining that when a district court denies…
Reed Smith LLP | USA | 17 May 2023
Presidential pardon does not undo criminal conviction or support corporate indemnification
We have a weak spot for criminal cases. We also have a weak spot for doom-scrolling, inevitably provoked by the country’s insane politics over the…
RPC | Hong Kong | 11 Apr 2023
Court of Appeal clarifies costs following dismissal of summary judgment application
The recent judgment of the Court of Appeal in Hui Tung v World Win Consultants Ltd confirms that where a plaintiff's application for summary judgment (judgment without trial) has been dismissed, the courts should normally order that the plaintiff pay the defendant's costs of the failed application. In this case, a first-instance judge had dismissed the plaintiff's summary judgment application......
Plunkett Cooney PC | USA | 3 Apr 2023
Bad Faith - Eleventh Circuit (Florida Law)
The U.S. Court of Appeals for the Eleventh Circuit reversed the decision of the district court granting summary judgment to an insurer, finding that issues of fact required the parties to go to trial.
Wilson Elser | USA | 27 Mar 2023
Vahey and Donovan Invoke NJ ATV Act
Philadelphia, Pennsylvania, partners Caroline Vahey and John Donovan prevailed on a contested Summary Judgment Motion in a high-value case in New…
Crowell & Moring LLP | USA | 24 Mar 2023
March Madness: Government Goes for a Slam Dunk and Misses in CAS Dispute
In General Atomics Aeronautical Systems, Inc., ASBCA Nos. 61633, 61731 (Feb. 8, 2023), released March 14, 2023, the Armed Services Board of Contract…
Shearn Delamore & Co | Malaysia | 10 Aug 2022
High Court permits summary judgment in case concerning failure to pay for vessel
The High Court recently allowed a plaintiff's application for summary judgment. The plaintiff had entered into a memorandum of agreement whereby the plaintiff had sold a vessel to the first defendant. Five other defendants agreed to act as guarantors for the first defendant. The plaintiff's claim was based on the defendants' failure to pay the plaintiff for the vessel.
Miller Thomson LLP | Canada | 28 Jun 2022
Alberta Court of Appeal overturns court decision in construction deficiency dispute by condominium against developer
In a May 25, 2022 decision, the Honourable Justices Slatter, Strekaf and Hughes of the Alberta Court of Appeal overturned a summary judgment, which…
Clasis Law | India | 15 Mar 2022
Is admiralty suit in rem maintainable against vessel owned by company under liquidation?
In a recent case, the plaintiff sought a summary judgment through an interim application in a commercial admiralty suit before the Bombay High Court under Order XIII-A read with Order XII Rule 6 of the Code of Civil Procedure against the defendant vessel. The suit was filed to recover, among other things, port charges and berth hire charges, aggregating to a sum of 93,719,098 Indian rupees......
RPC | Hong Kong | 22 Feb 2022
Summary and default judgment prerequisites – "starter for 10"?
The Court of First Instance recently issued a useful reminder of the procedural prerequisites for a plaintiff to apply for summary judgment or obtain judgment in default of a defence. In this case, the plaintiff's claim included declaratory relief that the defendant held certain land on trust for him. The plaintiff applied for summary judgment. However, a prerequisite for summary judgment is......
