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Summary Judgment in Medical Malpractice Cases: The …
- https://www.expertinstitute.com/resources/insights/summary-judgement-in-medical-malpractice-cases-the-importance-of-an-expert/
- Reed, 105 A.D.3d 438, 441, 963 N.Y.S.2d 57, 60 (1 st Dept. 2013) (held that the lower court erred in granting summary judgment by …
Boxed Warnings and Adequacy as a Matter of Law
- https://www.druganddevicelawblog.com/2017/07/boxed-warnings-and-adequacy-as-a-matter-of-law.html
- In our view, the bottom line with boxed warnings is: one, the presence of a boxed warning concerning the relevant risk of a prescription medical product …
Reconsidering Summary Judgment: The Propriety of …
- https://corporate.findlaw.com/litigation-disputes/reconsidering-summary-judgment-the-propriety-of-revisiting.html
- Parties that have lost motions for summary judgment are, with some frequency, requesting courts to reconsider the motion. A number of recent decisions …
Summary Judgment Granted Due to Lack of Expert Testimony in …
- http://www.torttalk.com/2020/09/summary-judgment-granted-due-to-lack-of.html
- No. 18-3363 (E.D. Pa. Sept. 9, 2020 Pratter, J.), the court granted summary judgment in favor of a Defendant after the Plaintiff failed to produce expert testimony in …
Offensive use of summary judgments: Knocking out …
- https://www.plaintiffmagazine.com/recent-issues/item/offensive-use-of-summary-judgments-knocking-out-affirmative-defenses
- Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” ( Ibid.) …
Courts Weigh in on Judicial Notice | Howard & Howard
- https://howardandhoward.com/news/courts-weigh-in-on-judicial-notice
- Accordingly, a court may take judicial notice of matters of public record without converting a motion to dismiss into a motion for summary judgment. But a court …
Motions for Summary Judgment and Judgment on the …
- https://www.stpetelawgroup.com/motions-for-summary-judgment-and-judgment-on-the-pleadings/
- There are certain legal defenses and theories which are inappropriate for the trial court to consider on a motion for summary judgment. This means that …
When Opposing a Summary Judgment Motion, Don’t …
- https://levinsonlawgroup.com/oppose-summary-judgment-motion-evidence-objection/
- Like a tax audit, you know you will probably prevail over most summary judgment motions, but the downside of losing one is huge compared to the upside of …
Summary Judgement Motions: Proving Lack of …
- https://levinsonlawgroup.com/summary-judgment-motions-must-be-backed-by-admissible-evidence/
- In effect, a summary judgment is an attempt to stop a claim or case before it goes to trial, generally by supposing that the plaintiff has no legal groundwork or real …
Opposing motions for summary judgment in medical …
- https://www.plaintiffmagazine.com/recent-issues/item/opposing-motions-for-summary-judgment-in-medical-malpractice-cases
- California courts have incorporated the expert evidence requirement into their standard for summary judgment in medical malpractice cases. When a defendant moves for …
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