Summary Judgment

Fifth Circuit Reminds Courts About Summary Judgment Standard

11/15/21

Summary judgment was intended to be a method of disposing of cases where there are not any disputed issues for the court to trial. Sometimes it seems that summary judgment is a way to get rid of cases that the court doesn't want to try. In a new opinion about insurance coverage, the Fifth Circuit has reminded lower courts that no genuine issue of material fact means exactly that. Guzman v. Allstate Assurance Company, Case No;.

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Fifth Circuit Resurrects Fraud Suit Based on Removal to Bankruptcy Court

12/15/20

 In a very convoluted case, a plaintiff learned that removal to Bankruptcy Court can result in a do-over of adverse state court rulings.  Cohen v. Gilmore (Matter of Alabama & Dunlavy), Case No. 19-20152 (5th Cir. 12/15/20).  While the Rooker-Feldman doctrine prohibits a federal court from re-examining findings in an unrelated state court case, it does not grant similar protections in a removed action for the reason that the removed action is a continuation of the original case, just with a different presiding court.

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Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied

04/15/17

In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale as the chapter 7 Trustee of Powerwave Technologies against Superiour Technical Resources – Adversary Proceeding Case No.

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Blackhawk Bankruptcy – Opinion Granting Summary Judgment

05/31/16

In a brief, 4-page decision released May 26, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion for summary judgment, barring state court litigation in California on the grounds of res judicata.  Judge Gross’ opinion is available here (the “Opinion”).

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Sportsman's Warehouse Reminds Us of Basic Contract Interpretation Principles

02/28/13

Summary

In a 25 page opinion published February 7, 2013, Judge Sontchi applied black-letter contract interpretation principles in conjunction with the bankruptcy rules in holding that a landlord was not entitled to damages resulting from a debtor's breach of its lease. Judge Sontchi’s opinion is available here (the “Opinion”).

Background

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