Summary judgment

These arguments rest on the premise that neither GSMC nor Ocwen has an enforceable interest in Sucklal’s note. It has been conclusively determined, however, that GSMC and Ocwen do have enforceable interests in the note. The judgment rendered in Sucklal’s declaratory judgment action satisfies the elements so as to invoke collateral estoppel with respect to the issue of Sucklal’s liability to GSMC and Ocwen on the instrument. Accordingly, Sucklal is estopped from arguing that GSMC and Ocwen…

1. Goods versus Services. A. ISSUE: Discuss fully whether the contract between the Palermos and Colorado Carpet was primarily for the sale of goods or the sale of serv¬ices. The contract between the Palermos and Colorado Carpet was primarily for the sale of services because the Palermos orally agreed to the purchase and installation of the carpet. After Colorado Carpet had begun installing the carpet, Mrs. Palermo was dissatisfied. Therefore, the installation of the carpet is part of the…

McHugh, 2011 U.S. Dist. LEXIS 92392 the court confirm give defendant's motion for summary judgement granted. The only time the summary can be granted is under rule 56 which, state ( "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." See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (citing former Fed. R. Civ. P…

incident caused him to hit his head and abdomen on a nearby locker and bench and to sustain personal injuries resulting in an emergency splenectomy. The student’s mother alleged that her son's injuries were the result of negligent supervision. A summary judgment was handed down dismissing the complaint and the mother appealed. Issue The New York Supreme Court stated that a school has a duty to adequately supervise its students, it is not an insurer of those students' safety. A school is liable…

Judgment Notwithstanding the Verdict A judgment notwithstanding the verdict was requested for Cody, through his guardian, in 2007. The jury will have to decide whether the Taurus was a proximate cause of the injuries that Cody sustained. The amount of the award given could vary, depending on whether or not the court renders judgment in Cody’s favour. In addition Stark could call for a new trial under the premise that the previous court had erred in its decision. Negligent Conduct Another…

The trial court first concluded that the defendant was not found negligent of the injuries that the plaintiff sustained during the round of golf. However, the trial court citing negligence on the defendant quickly overturned the ruling and discredited the claims of the risk doctrine. The defendant decided to appeal his ruling and presented his case to the appeals court. Once again, the defendant presents his case citing the risk doctrine as barring the claims from the plaintiff. The appellate…

Caldwell v. Linker, 901 F. Supp. 1010 - Dist. Court, MD North Carolina 1995 Facts: In 1991, Sharon Caldwell was issued a one-year contract between the dates of July 1, 1992 until June 30, 1993 for the position as instructor-Program Developer that was in the continuing education division at Randolph Community College (RCC). Soon after starting her position, she informed her supervisors of harassment against her while at work that involved the vice-president of Randolph Community. In July of…

Genesco V Visa USA Inc. et al Genesco filed a motion suggesting partial summary judgment several days after Visa U.S.A Inc. filed another motion to dismiss. Genesco’s motion was a request to the court to determine the noncompliance of Visa’s PCI violated contracts made by Visa and the acquiring banks and this surmounted to unenforceable penalties. As a response to Genesco’s motion, Visa managed to raise a total of six defenses. One of the main issues that were raised in Visa’s defense was that…

The case of Lanny Snell v. Jay Seidler shows how effective the right of disposition is. This paper will discuss, the argument Lanny Snell has against coroner Jay Seilder and whether the coroner failed to inform appellant Lanny of the death of his father. It will also view the argument whether appellee Ms. Kilburn had the right to sign the cremation of deceased Wayne Snell. The case of Lanny Snell v. Corner, Jay Seidler took place in the Appeals Court in Monroe County, Ohio. The…

Nufarm counter was to move to summary judgment because they claim that the label of the merchandise was stated clearly. However, Coleman says that that the Assert would act effectively and not damage plants when it is used. So, a breach of warranties has transpired because the sunflowers were damaged. Thus, a summary judgment was granted Coleman’s claim of products liability, negligence, failure to warn, breach of implied warranties, and statutory violation but Summary judgment is denied on the…