Motion for Summary Judgment Made during or at the end of discovery Grounds there is no genuine issue of material fact Can be granted in part Motion for Directed Verdict Made after other part presents evidence case at trial Moving party loses if 1 there is any legally sufficient evidence favoring the nonmoving party or 2 there is substantial evidence favoring the nonmoving party 2 is more common but federal courts use 1 Motion as a Matter of Law and is the same as Motion for Judgment NOV in federal courts Takes case from jury NOV after verdict and some states only allow if previously filed for directed verdict Motion for New Trial Grounds are misconduct by judge attorneys parties and witnesses discovery of new evidences significant legal errors by judge significant legal errors by the judge or the award of excessive damages Keep in mind a judge may also reduce common or increase rare damages awarded by the jury Long Arm Statutes 1 transacting any business in state 2 contracting to supply services or things in this state entering into a contract in this state 3 causing tortuous injury by an act or omission in this state 4 causing tortuous injury in this state by an act or omission outside this state if he regularly does or solicits business engages in any other persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered in this state 5 having an interest in using or possessing real property in this state 6 contracting to insure any person property or risk located within this state at the time of contracting forseeability in being sued in forum state purposely directed fair play and substantial justice Intent desire to cause certain consequences or the substantial certainty that those consequences will result from one s behavior Recklessness a form of intent involving willful and wanton conduct and a conscious indifference to a known and substantial risk of harm created by one s behavior Negligence a failure to use reasonable care with harm to another party occurring as a result negligent conduct falls below the level necessary to protect others against unreasonable risk of harm Strict Liability strict liability without fault or liability irrespective of fault Not automatic liability plaintiff must prove certain things but fault is not one of them Battery intentional and harmful or offensive touching of another without his consent harmful if it produces bodily injury offensive if it is calculated to offend a reasonable sense of personal dignity Plaintiff need not be aware of battery at the time it occurs Intent required for battery is either 1 intent to cause harmful or offensive contact or 2 intent to cause apprehension that such contact is imminent no liability if consent for touching is freely and intelligently given Assault causes a reasonable apprehension of imminent battery in the other person s mind Necessary intent is the same intent required for battery but for intent it is irrelevant whether the threatened contact actually occurs Intentional Infliction of Emotional Distress So outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community Defendant must intentionally or recklessly inflict distress in order to be liable also need severe distress False Imprisonment intentional confinement of another person for an appreciable time few minutes is enough without his consent can be confined by threat Confinement must be complete partial confinement is not false imprisonment Just because a means of escape exist a defendant is not relieved of liability if the plaintiff cannot reasonably be expected to know of its existence this includes using an escape route that involves unreasonable risk of harm to the plaintiff or would involve some affront to the plaintiff s sense of personal dignity Courts usually hold that plaintiff must have knowledge of his confinement in order for liability to arise Defamation ordinarily defined as 1 unprivileged 2 publication of 3 false and defamatory 4 statements concerning another one that is likely to harm the reputation of another by injuring his community s estimation of him or by deterring others from associating or dealing with him Must be of and concerning the plaintiff Humorous or satirical accounts ordinarily are not defamation unless a reasonable reader would believe that they purport to describe real events Statements of pure opinion do not amount to defamation because they are not statements of fact concerning the plaintiff unless mixed with facts general rule is the one who repeats a false and defamatory statement is liable for defamation this is true even if he identifies the source of the statement or expresses his disagreement with it Truth of the defamatory statement is a complete defense to liability libel written or printed defamation majority of courts also treat statements in radio and television broadcast as libel plaintiffs can usually recover for libel without proof of special damages presumed damages compensate for reputational harm that is presumed to have occurred but does not have to be proven by plaintiff slander other defamatory mainly oral defamation generally not actionable without proof of special damages unless the nature of the slanderous statement is so serious that it can be classified as slander per se includes false statements that plaintiff 1 has committed a crime involving moral turpitude or potential imprisonment 2 has a loathsome disease 3 is professionally incompetent or guilty of professional misconduct or 4 is guilty of serious sexual misconduct Defenses and Privileges Absolute privilege include statements made by participants in judicial proceedings legislative proceedings or by certain executive officials in the course of their duties any by one spouse to the other in private shields author of defamatory statement regardless of her knowledge motive or intent Conditional or qualified privileges privileges are abused when the statement is made with knowledge of its falsity or with reckless disregard of the truth when the statement does not advance the purposes supporting the privilege or when it is unnecessarily made to inappropriate people Give the defendant a defense unless the privilege is abused Statements made to protect or further the legitimate interest of another Old employer defendant has good reason to believe plaintiff embezzled money
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