Showing all results for category “summary judgment”

Perri, Van Dusen and Doolittle Obtain Summary Judgment for Hotel Franchising Company in Mexican Accident Case

May 18, 2026 / News

Congratulations to Carl Perri, Matthew Van Dusen and Lisa Doolittle on obtaining summary judgment in a slip-and-fall case. The plaintiff sued their client, Hyatt Franchising, alleging negligence at a Hyatt-branded property in Mexico. The court agreed that Hyatt Franchising did not own, operate or control the premises where the accident occurred, merely franchised it, and dismissed the case.

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California Managing Partner Ian Feldman Secures Summary Judgment on Behalf of a Commercial Leasing Agent

April 23, 2026 / News

Congratulations to Ian Feldman on securing summary judgment on behalf of a commercial leasing agent. A medspa tenant sued its landlord and leasing agent, but key admissions during deposition established that the agent was covered by a prior release agreement. The court returned a summary judgment resulting in a complete defense victory.

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Clausen Miller Shareholders Carl M. Perri and Matthew J. Van Dusen Successfully Oppose Contractual Indemnity/Defense Summary Judgment Motion Against Tenant and Obtain Summary Judgment Dismissing Landlord’s Claims

December 20, 2025 / News

Congratulations to Carl M. Perri and Matthew J. Van Dusen on successfully opposing a landlord’s summary judgment against the tenant, requiring them to obtain an order of indemnity or be responsible for defense costs. The court did not grant the landlord’s summary judgment because the curb was not part of the tenant’s use of the premises or sidewalk.

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Florida’s Middle District Denies Plaintiffs’ Motion for Voluntary Dismissal to Rectify Deficiencies

December 12, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District decision that denied the plaintiffs’ motion for voluntary dismissal to rectify deficiencies in the defendant’s motion for summary judgment after determining that the plaintiffs were solely attempting to avoid an adverse ruling and have a “do-over.”

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Clausen Miller Wins Florida Fifth District Appeal

November 3, 2025 / News

Clausen Miller recently prevailed on appeal before Florida’s Fifth District Court of Appeal. Following briefing and oral argument by Florida partner Michael Raudebaugh, the court unanimously affirmed summary judgment in favor of our client. This decision reinforces Florida’s interpretation of workers’ compensation “horizontal immunity” for subcontractors on the same project.

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Nick Travis and André Pinero Obtain Summary Judgment on Behalf of Engineer in Construction Defect Dispute

September 10, 2025 / News

Congratulations to Nick Travis and André Pinero on securing summary judgment for their engineer client in a complex construction defect case. The court held that the plaintiff failed to provide specific evidence supporting the negligence claims levied against the engineer.

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Neel and Buether Win Summary Judgment for Architect Client in Concert Fall Case

September 4, 2025 / News

Congratulations to Paige Neel and Blake Buether on obtaining summary judgment on behalf of an architect in a negligence case relating to an injury at a concert. The court held that the architect’s duties were limited to submitting the stage drawings and applying for permits, and the architect did not perform any activity relating to the installation and placement of the equipment that caused the injury.

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Appellate Court Finds Property Damage Estimate Came Too Late

August 19, 2025 / News / Writing and Speaking

Don Sampen analyzes a 1st District Appellate Court decision that found an apartment building owner was not entitled to coverage for all claimed rehab costs or lost rents after the property was vandalized because the building was under a court order to close, and some damage estimates came too late.

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Zimmerman and Torrence Win Summary Judgment for Insurer in Coverage Action Based on Construction Operations Exclusion

August 11, 2025 / News

Congratulations to Mark Zimmerman and Mitchel Torrence on securing summary judgment for the insurer in an insurance coverage action related to an HVAC renovation. The court found no coverage for a construction contractor’s injury in an area of the property unrelated to the renovation due to the policy’s construction operations exclusion.

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Another Summary Judgment Win in New York

May 6, 2025 / News

Congratulations to Stephen Stimmler on obtaining summary judgment on behalf of a homeowner in a Queens County Supreme Court slip and fall accident case valued in the mid-six figures. The plaintiff renter claimed the homeowner acted negligently by shoveling snow in a way that created a hazard, causing her injury when she left her home during a snowstorm. The court found no evidence that the snow had been shoveled and the client homeowner did not cause the plaintiff’s injury.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri