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summary and judgment
This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
Subsequent testing and epidemiological investigation failed to corroborate substantial link, and Los Angeles County Superior Court Judge Wendell Mortimer granted summary judgment against the plaintiffs.
The other defendants in that case ( Grokster and MusicCity, makers of the Morpheus file-sharing software ) initially prevailed against the plaintiffs on summary judgment ( Sharman joined the case too late to take advantage of that ruling ).
The summary judgment ruling was upheld by the Ninth Circuit Court of Appeals, but was unanimously reversed by the US Supreme Court in a decision titled MGM Studios, Inc. v. Grokster, Ltd.
In 2003, these claims were dismissed on summary judgment because the relief sought would violate the Commerce Clause of the United States Constitution.
Following this, each judge would write an anonymous summary containing his opinion ; these would be circulated among the Court for 2 or 3 days before the President drafted a judgment containing a summary of those submitted by individual judges.
Sometimes, particularly potent issues are brought before an appeals court, such as a constitutional determination made by a lower court, or summary judgment granted by a lower court.
Deposition of the opposite party is often used to produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.
Furthermore, deposition transcripts are frequently submitted in support of motions for summary judgment as evidence that there is no triable issue of fact.
A summary judgment was granted in favor of URA on both of Weber's claims.
On October 9, 1981, both parties in the Mermelstein case filed motions for summary judgment in consideration of which Judge Thomas T. Johnson of the Superior Court of Los Angeles County took " judicial notice of the fact that Jews were gassed to death at the Auschwitz Concentration Camp in Poland during the summer of 1944.
District judges usually concentrate on managing their court's overall caseload, supervising trials, and writing opinions in response to important motions like the motion for summary judgment.
Robertson lost the lawsuit without it getting past summary judgment.
These rights prohibit the use of force in an arrest or detention context which would amount to punishment or summary judgment and provide that a person accused of a crime is not subject to punishment without legal process and a trial.
When federal judge John Kane denied Scientology's request for summary judgment because FACTNet challenged Scientology's ownership of the copyrights of the documents, a settlement was reached in 1999.
Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case.
On April 17, 2012, New York Judge Barbara Kapnick " granted a SiriusXM motion for summary judgment, dismissing the lawsuit.
In January 2012, the plaintiffs in Pender v. Omaha Tribe filed a request with the Omaha Tribal Courts for a summary judgment due to the length of time the case had taken.
In its judgment summary the Appeals Court said, " The trial court acted without jurisdiction in entering an injunction against the Election Commission.
Judge David Cain upheld the constitutionality of the statute and granted summary judgment to the State of Ohio on July 30, 2004.
Under the circumstances presented by this case, we conclude that the defendants are not liable for contributory and vicarious copyright infringement and affirm the district court's partial grant of summary judgment.
On 14 February 2006, the plaintiffs filed motions for summary judgment as to the liability of the remaining defendants, StreamCast and Sharman.
On 27 September 2006, Judge Steven Wilson of the United States District Court for the Central District of California granted summary judgment to the plaintiffs as to StreamCast's liability.

summary and followed
These area reports will be followed, according to present plans, by a summary report, which will include a detailed statement on methods.
Chapter 4 then concludes with a summary of the topics discussed and with the benediction, followed by 5 ; 6: 1 – 10 teaching about the right use of their Christian freedom.
Presented first is a description of the allegorical figure representing the art, in which the importance of that art is indicated, followed by a summary of the doctrines of that art, as told by the allegorical figure who is presented as the founder or main proponent of the particular art.
This provided a high summary of news from around the globe and was supplemented in February 1996 with the launch of stock prices followed in spring 1996 by the second generation site.
A simplified summary, followed soon after.
In 1922 Lorentz first examined Martin Knudsen's investigation on rarefied gases and in connection with that he discussed Le Sage's particle model, followed by a summary of his own electromagnetic Le Sage model-but he repeated his conclusion from 1900: Without absorption no gravitational effect.
The battle was followed by the summary execution of more than 300 Allied PoWs in the Laha massacre.
In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage.
After years of oblivion, the Spiegel was republished in 1869, and interest in it has been growing ever since: a summary of its contents in modern language was available in 1870, a complete translation into modern German appeared in 1931, a partial English translation first became available in Organ Institute Quarterly, published between 1957 – 1960, and a complete English translation followed in 1980.
The long standing pattern of a broadcast is commentary during the over followed by a summary or other comments between overs ( usually by retired first-class cricketers ).
It was followed by a seminar on the lecture, which took place at Todtnauberg on September 11 – 13, 1962, a summary of which was written by Alfred Guzzoni.
The Fourth Circuit in Omega World Travel v. Mummagraphics, Inc. also followed Intel, although this resulted in granting a motion for summary judgment for the defendant because the plaintiff did not allege any actual damage on its computer system.
In the text, a summary description of the country and its riches is followed by a very detailed account of the people's funeral customs.
Below is the brief summary of the route followed by this state highway.
Virgil begins his poem with a summary of the four books, followed by a prayer to various agricultural deities as well as Augustus himself.
The procedure followed may either be solemn, where the Sheriff sits with a jury of 15 ; or summary, where the Sheriff sits alone.
This followed a precedent established in the chief feudal courts in the 13th and 14th centuries in which summary provostship suits were distinguished from solemn bailliary sessions ( assise ).
The " Great Terror " mainly operated from Dec. 1936 to Nov. 1938, although, the features of arrest and summary trial followed by execution were well entrenched in the Soviet system since the days of Lenin, as Stalin systematically destroyed the older generation of pre-1918 leaders, usually on the grounds they were enemy spies or simply because they were " enemies of the people ".
News stories usually consisted of a summary of a recent discussion from a development mailing list ( Linux kernel mailing list ) followed by the entire contents of several messages from the discussion.
The third section is followed by a brief summary of the Golden Summary, a statement of the author's identity and an eloquent prayer directed to the " spirits of the Khans descended from mighty Tengri ".
Proposed executive summary: Implementation of the Preferred Alternative – the Service is requiring that specific protective measures and standards are followed during all phases of oil and gas exploration being proposed by Lexam, including the intended drilling of two exploratory gas wells on the Refuge, to ensure maximum protection of the surface estate ( including all surface and subsurface natural resources not considered minerals ) of the Refuge and associated cultural, socioeconomic, and aesthetic resources from unreasonable degradation or impacts.
Articles posted to wikiHow follow a standard format consisting of a summary, followed by ingredients ( if any ), steps to complete the activity, along with tips, warnings, required items, links to related how-to articles, and a section for sources & citations.
As with Sunrise, national news updates are provided at the half hour mark, followed by a summary of overnight sport and weather.
It started with a news summary followed by an official opening by the CEO of SVT.

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