Motion for Summary judgment, a legal term requesting a judgment without a full trial
There is also language in section 437c about "issues of duty," but some Courts of Appeal panels have given that phrase an extremely narrow interpretation due to evidence that the California State Legislature has been trying to stop the state courts from engaging in the piecemeal adjudication of individual issues.
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On appeal in 2006, the Ninth Circuit Court of Appeals affirmed the summary judgment in favor of the school district for the actions related to the refusal to get onto the bus, as this disruptive action was not protected speech.
In the court’s summary judgment issued in September 2000, U.S. District Court Judge David McKeague ruled that Vanguard Charter Academy and its corporate parent, National Heritage Academies, did not violate the Establishment Clause of the First Amendment to the U.S. Constitution through its Moral Focus Curriculum.
However, in 2005 the New York Friars' Club commenced a lawsuit claiming trademark infringement under the Lanham Act, among other claims; in September 2007 the federal district court granted substantial portions of the New York Friars Club's motion for summary judgment, which effectively forced the California club to cease operations under the Friars Club name.
2d 943 (E.D.Ky. 2003) (granting summary judgment for plaintiff)
Hibbs appealed the ruling to the United States Court of Appeals for the Ninth Circuit, which held that the FMLA was a valid exercise of Congress's power under the Fourteenth Amendment, and reversed the district court's grant of summary judgment.
In November 2007 the trial judge Edward Rafeedie granted Ampersand summary judgment on its copyright infringement claim, holding that the posting of the draft article was not fair use.
On August 24, 2009, the U.S. 10th Circuit Court of Appeals reversed the 2007 summary judgment of the U.S. District Court for the District of Utah, which found that Novell was the owner of Unix and UnixWare copyrights.
Finally, then working on behalf of Tuff City, Wardell Quezergue and Johnson, Warshavsky was able to attain summary judgment against Joe Jones and his publishing company Melder Music on the issue of copyright infringement, including an award of attorney fees.