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 ...

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 ...

A discussion of confessions of judgment and the use of summary judgment in lieu of complaint in light of the amendments back in 2019 that made confessions of judgment unenforceable against ...