summary judgement is usually filed for when one party

New Post Public Reply Private Reply Replies (1) Message Board
thesmalls P.Vito #6522
summary judgement is usually filed for when one party (usually plaintiff) feels the other has not mounted a defense or a credible one in respond to the claims/suit. It is basically saying the other side provided no credible response to teh claim (as a matter of law) and therefore the judge should summarily rule upon the existing facts instead of moving to trial.

Motion for Summary Judgment

Definition. A request for a decision by a court of the matters submitted to it, based upon legal arguments only, where no material facts are in dispute.

A motion for summary judgment can be granted to resolve disputes involving legal interpretation, but not disputes regarding material facts. Summary judgment, generally, is a pre-trial remedy sought where, based upon facts not in dispute, and an application of the law to those facts, a party is entitled to a judgment on a claim. The judge cannot decide disputed facts in a summary judgment proceeding. If any facts material to a claim are disputed, then summary judgment cannot be granted on that claim.

Summary judgment proceedings are governed by Rule 56, Federal Rules of Civil Procedure.

Federal Rules of Civil Procedure
Rule 56. Summary Judgment
(excerpts)
"A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move ... for a summary judgment in the party's favor as to all or any part thereof. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."


i did not see that coming. i find it rather interesting legally as it does suggest $HJOE is very confident in the counterclaims. courts/judges do not like summary judgment motions being used arbitrarily or as a matter of more legal maneuvering. further, there was a Supreme Court case on the over reach of using summary judgment as the defendant must be given every reasonable opportunity to mount a defense and any reasonable attempt to provide evidence/mount one should be given credence. so - for the HJOE attorneys to file for this on a counter claim is either a bold/strategic legal maneuver or they feel they have provided the court with sufficient evidence/causation for judgment in which KBM has not tried to defend itself.

it is now up to KBM to answer the motion for summary judgment. they could respond with their own motion for summary judgment in the initial claim while summarily dismissing the claims in HJOEs motion. or they may decide now is the time to cut strings and quit poking the beast. if their position is as weak as some/most of us on here assume it is - that could be the reason they have had several attorneys. while losing a case doesn't lose the attorneys any money - it isnt good for the W/L record to attract new clients. further, while they still are getting paid, fighting a losing battle makes them a lot less then arguing a higher reward/less risky case so the opportunity cost for fighting a losing battle is high. they also dont want to piss off judges with legal wrangling on a weak case. especially if they have already been warned.

this is where it gets interesting for KBM. they have by far the most to lose. even if HJOE "loses" the case and has to pay penalties and/or KBM is allowed to convert, they could do the R/s route and blow out the AS until its over. KBM has a much higher risk should they lose. the longer they fight and the longer they are in the public eye, more companies will become emboldened to take action (or specifically - to bear the cost as a risk/reward to taking action). further, it puts the dirty laundry front and center for regulators where the investigative work was paid for third party (by HJOE). if they lose after a protracted battle - it is open season on them and more than likely - the normal course of business they have employed is over. if they do not win convincingly - it still emboldens others (and invites an appeal by HJOE).

on the flip side - they MUST give the appearance of putting up a staunch fight and acting confident so that even if they do settle and more than likely tie the results up tight with an NDA - others arent emboldened to take the risk not knowing the outcome. Unfortunately - we will not know the outcome of the PLN trial (if there was any type of settlement) until they file. even then - we wont know details - only if there was cash involved that shows up as "other revenue." however, since PLN was the only source it more than likely would come from - it could be reasonably assumed as the source of revenue (per the settlement).

there are certainly egos on both side in play. however, for one side it was vindictive and personal. the other side it was greed and arrogance. but never underestimate Ego or principle in lawsuits. they will carry trials far past the point of sensibility when it comes to ROI. sometimes principle really is what it is about (not the money) and other times, EGO goes way past the point of financial return.

for P.Vito's scenario below - it probably represents the best outcome for both parties with respect to moving forward with the least amount of potential damage to both:

"KBM with file motion to forgive the loan and dismiss the suit WITHOUT prejudice and to have all HJOE claims dismissed WITHOUT prejudice.

This is the only way out for KBM and is actually a win-win for HJOE.

Any other scenario going forward will be costly (attorneys win) with great risk on both sides. "

while neither recovers any "damages" - both move on with their respective businesses with limited further "impact." this means HJOE can file and move forward and KBM does not put the big target on its back for further suits.

unfortunately, i have been involved with enough legal issues in the business realm where i know first hand that rational, facts, ethics can go right out the window when it comes to judges' rulings. one attorney tells his client they just got really lucky and the other attorney is telling his client that that is the nature of the system/judges. it is very unfortunate but a matter of reality. again, I have been there firsthand and stood stunned at the absolute incoherent logic of the judge's ruling. now - the higher up one gets and being a federal judge - that tends to be less the case as the bad judges get systematically weeded out. however, it still is largely up to the judge at each level.

unfortunately - this is another month of "waiting" unless KBM files early and/or they reach a mutual settlement/agree to a dismissal on both sides.

Hangover Joe's Holding Corporation (HJOE) Stock Research Links

HJOE Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

PVOLVE Expands in Connecticut with Two New Studios

Updated Category News Views 56

PVOLVE's adventure in Connecticut is heating up with a couple of fresh franchise locations. These aren't just any run-of-the-mill expansions either. They're being spearheaded by the franchise veterans and Darien studio owner Christi Partouche along with a couple of eager original members, Elizabeth and John Halvey. PVOLVE's Organic Growth in Action The Greenwich and...

Continue Reading
Huairen Ceramics: Tech Upgrade Powers Global Aspirations

Updated Category News Views 140

Tech Revolution in Porcelain's Traditional Hearth Imagine robots glazing porcelain and kilns all on autopilot—that's the new norm at Huairen City, Shanxi Province, home to China's formidable porcelain industry. Gone are the days when craftsmen relied solely on their keen senses to judge the right glaze and firing time. The latest technology has disrupted tradition here,...

Continue Reading
United Community Rises in Top Banks, Celebrates 10-Year Streak

Updated Category News Views 32

Celebrating a Decade of Employee Satisfaction Nailing that balance between growth and nurturing a quality workplace—now that's a hard row to hoe for many giants. Yet, United Community has strutted down this path for ten years straight, landing them again on American Banker's 'Best Banks to Work For' list. That kind of consistency screams commitment, don't it? But what's...

Continue Reading
OpenAI Expands ChatGPT Ads: Aleph Partnership Key

Updated Category News Views 35

OpenAI Teams Up with Aleph for Global Reach OpenAI's no rookie in the tech game, but its move to bolster ChatGPT's ad presence with Aleph is like adding a rocket to turbocharge its engine. With Aleph as a partner, OpenAI's not just dipping a toe in the waters of global advertising—they're diving headfirst into 44 countries. This isn't just about slapping ads on more...

Continue Reading
Kyndryl's Sovereignty Strategy Tackles Digital Resilience

Updated Category News Views 166

Driving Resilience Amidst Sovereignty Moves Hot off the press, Kyndryl is rolling out a beefed-up strategy to fortify operational resilience in the face of shifting digital sovereignty challenges. I’d say these guys got their fingers firmly on the geopolitical pulse, and they’re not messing around. “Maintaining critical IT operations is fundamental to business...

Continue Reading
B2K's Comeback with ECLIPSE Breaks Records

Updated Category News Views 20

Resurgence in the R&B World Well, if you told me B2K would make a grand return and rock the charts after 24 years, I'd have laughed. But it's happening—like a seasoned player making a comeback in overtime. The platinum-selling R&B group B2K launched a new album, 'ECLIPSE,' tied to their 'Boys 4 Life Tour.' The Innovative Marketing Strategy In a move that might just...

Continue Reading
7-Eleven Heats Up Breakfast with Cheetos Taco

Updated Category News Views 5

When Breakfast Gets a Fiery Makeover If you're craving breakfast with a side of heat, 7-Eleven's latest menu might just wake you up faster than a double espresso. Their newest collaboration with Cheetos Flamin' Hot is painting breakfast red at Laredo Taco Company, offering a lineup that's got tongues wagging and mouths watering. "After the response to our first Cheetos...

Continue Reading
Lululemon Lawsuit Looms: Investors Face Key Decisions

Updated Category News Views 22

Seems Lululemon just tripped on its yoga mat. When a company like Lululemon Athletica, Inc (NASDAQ:LULU) sees a 17.38% slide in stock, every savvy investor knows there's more beneath the surface. Squarely in the crosshairs of a securities fraud class action, the brand synonymous with upscale athleisure faces harsh scrutiny. And the deadline's ticking—even the suits know...

Continue Reading
National Park Foundation's New Military Outreach Program

Updated Category News Views 62

Bridging the Gap: Parks and Military Communities Fancy title, ain't it? But what truly matters here is how the National Park Foundation (NPF) is setting a new stage for the troops and their families. The spotlight isn't just on faceless numbers; it's on people—those who serve, their loved ones, and the memories they make far from battlefields. Launching this initiative...

Continue Reading
Silicosis Crisis: Legal and Health Ramifications Loom

Updated Category News Views 89

The Hidden Dangers of Artificial Stone Here's the grim truth. Artificial stone countertops, loved by many for their aesthetics in kitchens and bathrooms, have a dark side that’s becoming increasingly hard to ignore. Loaded with more than 90% respirable crystalline silica, these materials spew out toxic dust when cut or polished. Once that dust gets airborne, workers...

Continue Reading

Top 5 Most Recently Viewed Articles

Baylin Technologies Secures Major Orders for Antenna Solutions

Updated Category News Views 227

Baylin Technologies Gains Momentum with New Orders Baylin Technologies Inc. (NASDAQ: BYLTF), a prominent player in wireless technology, has achieved a significant milestone with recent orders amounting to approximately $500,000 CAD. These orders, deriving from their Galtronics subsidiary, will facilitate the installation of antennas across 200 sites in a major...

Continue Reading
Edible Oil Market Trends: Insights and Growth Forecast Ahead

Updated Category News Views 202

Understanding the Global Edible Oil Market The edible oil market is an essential sector that plays a significant role in the global food industry. With a growing emphasis on health and sustainability, the demand for various types of edible oils has expanded remarkably. Insights from the latest market research indicate that this market is projected to grow significantly,...

Continue Reading
Zapata AI Partners with MAG Aerospace for Advanced Surveillance

Updated Category News Views 215

Zapata AI Partners with MAG Aerospace for Surveillance Innovations Zapata AI, a pioneering name in generative artificial intelligence solutions, has formed an exciting partnership with MAG Aerospace, aimed at developing a state-of-the-art airborne surveillance platform. This collaboration marks a significant milestone as it blends advanced technology with defense...

Continue Reading
Silvaco's CEO to Speak at Upcoming Tech Summit in Chicago

Updated Category News Views 135

Silvaco's CEO to Showcase Innovations at Jefferies Summit In an exciting development for the tech industry, Dr. Babak Taheri, the CEO of Silvaco Group, Inc. (Nasdaq: SVCO), will attend the prestigious Jefferies’ Semis, IT Hardware & Comm Tech Summit in Chicago. This summit, recognized for its focus on semiconductors and technology hardware, is set to be held in late...

Continue Reading
Creative Vision for the Spectacular Asian Winter Games Opening

Updated Category News Views 186

Excitement Builds for the 9th Asian Winter Games As the countdown begins, anticipation is mounting for the opening ceremony of the 9th Asian Winter Games (AWG), set to take place in Harbin, famously known as the "Ice Capital" of China. This event promises an inspiring showcase that draws participants and spectators alike into the magic of winter sports and cultural...

Continue Reading