We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on ...

Proof of trade secret misappropriation is a fact-intensive inquiry and requires a trial by jury to resolve questions of fact. The featured case for this article is the recent opinion by Judge Amy M.

Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict ...

"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 ...

In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice ...