Law

Mastering Litigation in New York’s Commercial Division Part VI, Early Resolution: Motions for Summary Judgment in the New York Commercial Division

"This is Part VI in a series of articles explaining the fundamentals of Commercial Division practice. This article provides an overview of motions for summary judgment and oral argument in the ...
Law

Dispositive Motions in Arbitration: Contrary to the Rationale for ADR?

When the Federal Arbitration Act (FAA), which provides for federal facilitation of private dispute resolution through arbitration, was enacted in 1925, its proponents argued that arbitration was ...
JD Supra

A Defendant Can Get Summary Judgment Without Producing Evidence

The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s ...
JD Supra

The Court of Appeal’s Plea to Motions Scheduling Judges: Stop Letting Parties Waste Judicial Resources with Partial Summary Judgment Motions

On December 12, 2020, the Ontario Court of Appeal released its decision in Malik v. Attia, 2020 ONCA 787. In this case, the Court of Appeal sent a clear message to judges scheduling motions for ...