Summary judgment Essays

Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc. I. DEFENDANT HIGHLAND THREADS’ NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT This

INTRODUCTION Defendant DePuy Orthopaedics, Inc. (“DePuy”) seeks partial summary judgment as to Plaintiffs’ express and implied warranty claims. Defendants claim Plaintiffs have failed to prove contractual privity, as required by California law to claim breach of warranty, and, as to Plaintiffs’ claim for breach of implied warranty of fitness, DePuy argues that Plaintiffs cannot show the specific purpose for which Plaintiffs would use the Pinnacle metal-on-mental (“MoM”) hip system. Defendants arguments

served alcohol to Kolleng when he was already intoxicated. Jessica Kemper contends this motion is made upon the grounds that there are no genuine issues of material facts. Therefore, Jessica Kemper is entitled to judgment as matter of law on her claim. Jessica Kemper is seeking summary judgment in her favor on her claim that the Toledo Mud Hens acted negligently in violation of Ohio Revised Code 4399.18, The Ohio Dram Shop Act. II. FACTS On September 10, 2015 the Plaintiff, Jessica Kemper, attended

Argument Summary judgment is appropriate when the moving party can show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Cecil v. Cardinal Drilling Co., 244 Mont. 405, 409, 797 P.2d 232, 234 (1990); Mont. R. Civ. P. 56(c). A material fact involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact. Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284

Summary of Facts Herman informs Amador that Linda has not reported, to work that evening, the evening before or on several other evenings during the prior few weeks. As a result of this discussion, Amador learns that Linda was spending the evenings with her ex-boyfriend. Several days later, Amador commits suicide. Amador’s family sues the bank for invasion of privacy, alleging that Herman did not have the right to inform Amador that Linda had not reported for work Issues 1. Does the plaintiff have

Piper Gonzalez Mrs.Orona English 4 6 February 2018 Hamlet character analysis essay “With new power comes abuse of power” (Rose).. As the father of Ophelia, Polonius feels he has some right to power. He wants power but not for the right reasons. Polonius plays a game of he said she said in order to manipulate the people around him in pursuance of power. In the play, Hamlet, William Shakespeare utilizes the character Polonius to show that the abuse of power, manipulativeness, corruptness, and social

As the embodiment of the American Dream, Gatsby is both present and unreachable. Gatsby, although corrupt for most of the novel, turns out “alright” in the end. In her article, “The Great Gatsby and the Obscene Word”, the author, Barbra Will, focuses on how Gatsby’s characterization and the obscene word on his steps complete the ending to The Great Gatsby. With his past life being full of corruption, the audience, as well as Nick, is forced to forget about Gatsby’s past. When Gatsby’s past is forgotten

4.03 Developing Theme Thesis Statement F. Scott Fitzgerald’s The Great Gatsby and The Jelly Bean both use Irony, Foreshadowing, and symbolism to describe how many people’s endeavor to achieve great wealth and class drove people’s decisions in the 1920s. I. Main Idea for 1st Body Paragraph: Irony A. Literary element use and effect in novel 1. Nick’s relationship to Gatsby is an example of irony because Nick tells the story about Gatsby, but he doesn’t like him. In Chapters 1 and 2 Nick states

Dissension from Imitation: Assessing René Girard’s “Myth and Ritual in Shakespeare: A Midsummer Night’s Dream” One observation René Girard brings up is a presence of two plays, or types of play, under the name of A Midsummer Night’s Dream. Girard leads into main misconception readers, critics, and the audience usually have when reading A Midsummer Night’s Dream. They believe that the play is one of Shakespeare’s weakest due to their insistence on any text they read or any object in their environment

Restoration of Hope Imagine you were a black man living in the 20th century, and you were accused of raping a white girl. Because she is white and you are black, you are declared guilty and given the death penalty. In Harper Lee’s novel To Kill A Mockingbird, a man of color named Tom Robinson was accused of raping a white girl. Atticus, the father of the main character Scout and her brother Jem, is selected to defend Tom from the death penalty and a crime he didn’t commit. Scout retells their

The impact of Heller’s choice of a satiric writing style has on the novel Catch 22. Catch 22 by Joseph Heller () explores the use of satiric style of writing. Satire is known for criticising a certain situation or a person () . This essay will firstly discuss why satire is used in novels; secondly, it will discuss examples of satire such as the title of the book; medical institutions; Yossaian being naked at the funeral; Snowden being injured; the interrogation of the chaplain; Captain Aardvark raping

The Toulmin method is an effective tool that helps determine the efficacy of an argument by using this method the author’s argumentative strategies are evaluated to determine their strength. This essay will use the Toulmin method in order to assess the strength of James E. McWilliams’ argument. The Toulmin method will break down the author’s argument into components—the claim, evidence, warrant, qualifiers, and rebuttal. Through using the Toulmin method, Williams’ argument and the components of his

Adjust- Evaluate- Learn In the process of writing my Really Big Shoe, I have learned that one obstacle that I have not anticipated was the lack of organization of the structure of my paper. My writing displayed poor structure and organization, causing my paper to lose clarity; while I have a clear idea of the outcomes that I want, there is a difference in between having a clear idea and a structure for the composition of the paper. In order to deal with this obstacle I had to modify my plan of action

People judge others in unthoughtful, hurtful, and selfish ways. These people may not recognize the harm, or degrading effects it can have. When thinking of criticism, a key example is the use of prejudice. Prejudice comes in many forms, including nonverbal or verbal. In this, how does one form these prejudices, and where do the beliefs come from? Are people using these unreasonable feelings or opinions to fit in, or do they have a justifiable reason? There are many different outlooks that people

A description of the Liverpool FC football banner will give reference to Block 3 unit 2. Will show an example of art, popular protest, everyday visual culture and analysis to support the view are a combination of all three. The Study Diamond explores the techniques and context of the Banner alongside other examples by articulating the courage of the protesters. The next part focuses on the Banner, makes reference to intertextuality, multimodality, poetry and Carol Ann Duffy’s original words.

1. “‘But you don’t even know the difference between the way things are and the way they're supposed to be. My God,’ [Bledsoe] gasped, ‘what is the race coming to? Why, boy, you can tell anyone you like- sit down there . . . Sit down, sir, I say!’” Relectanly, I sat, torn between anger and fascination, hating myself for obeying.” (Ellison 142) In this quote, Dr. Bledsoe is yelling at the narrator for the immature way he handled Mr. Norton by taking him to Trueblood’s cabin and the Golden Day. As he

Epistemology – Prof Caitlin Gilson Q – ‘’Outline the three major theories of knowledge in the Theatatus’’ The three types of knowledge discussed in the Theatatus are: knowledge is perception, knowledge is true judgement, and knowledge is true judgement with an account. Knowledge is perception - Plato's strategy tries to portray that knowledge is derived from the perceptible or sensible world. Plato explains that this ‘’perception only’’ knowledge is not the whole truth because the sensible

The false aquisations of people’s livelihood has been looked down upon since the beginning of the Renaissance, and from there on, had multiple sayings and books about such topics. But no piece of literature shows mastery in this theme better than Harper Lee’s To Kill a Mockingbird, which takes place in Maycomb, a sleepy little town in Alabama, during the 1930s, a time period where the common man did not second guess people’s appearances. However that does not mean that there is not another, more

The goal theory The goal theory of motivation developed by Edwin A. Locke suggests that individuals are motivated when they are specific GOALS. The goal theory therefore primarily concerned with employee motivation. Participation in goal setting is essential, as is feedback on performance. Locke proposes that difficult but based on agreement. Overall, the important aspects of Locke’s goal theory are: 1. The setting of difficult goals, 2. Participation in goal setting and 3. Feedback on performance

In the play A Raisin In The Sun, Lorraine Hansberry explores issues revolving around race and class. She creates the character of Walter Lee Younger to express the issues that African American males struggle with, specifically social injustices. Because of the racial and discriminatory barriers that are stacked against him, Walter struggles to support his family. He will have to deal with obstacles that keep him from achieving his dreams and that ultimately change him as a man. Walter Lee Younger