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12 Mar 2020, 6:01 pm by MOTP
 Little, 37 F.3d at 1076.For claims or defenses on which the moving party will bear the burden of proof at trial, to be entitled to summary judgment the movant "must establish `beyond peradventure all of the essential elements of the claim or defense.'" Bank One, Tex., N.A. v. [read post]
6 Aug 2011, 2:27 pm by Law Lady
Cohn of the Southern District of Florida rejected Pruco Life Insurance Co.'s argument that the "economic loss" rule barred a negligent-misrepresentation claim because Wells Fargo Bank N.A. only alleged economic harm. [read post]
18 Nov 2010, 12:37 pm by Bexis
  Accordingly, the Federal Rules of Civil Procedure and the U.S. [read post]
2 Feb 2011, 4:28 pm by Law Lady
WELLS FARGO BANK, N.A., Appellee. 5th District.Civil rights -- Speech -- Association -- County and fire department officer did not violate a firefighter's First Amendment right to intimate association when they demoted him for an extramarital affair with one of his subordinates, because county's interest in discouraging intimate, extramarital association between supervisors and subordinates is so critical to effective functioning of fire department that… [read post]
1 May 2012, 12:58 pm by Law Lady
JP MORGAN CHASE BANK, N.A., ET AL., Appellees/Cross-Claimants/plaintiffs. 3rd District.Appeals -- Timeliness -- Untimely motion for rehearing did not toll rendition of final order for purposes of appeal -- Appeal dismissedIVORY MILES, JR., Appellant, v. [read post]
29 Aug 2008, 6:23 pm
Warnick, 476 N.E.2d 109, 114 (Ind. 1985), cert. denied, 474 U.S. 920, (1985)). [read post]
26 Jun 2019, 3:24 pm by John Elwood
Bank, N.A., 17-1712 Issue: (1) Whether an ERISA plan participant or beneficiary may seek injunctive relief against fiduciary misconduct under 29 U.S.C. [read post]
5 Feb 2007, 7:46 pm
Citibank (S.D.), N.A., 517 U.S. 735, 745 (1996) (Scalia, J., for a unanimous Court) (looking to dictionaries from the era in which the statute was passed); St. [read post]
11 Jan 2008, 2:50 pm
Donaldson, et al., Particle Toxicology, CRC, Taylor & Francis Group (2007); (ii) N.A. [read post]