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Summary Judgment

732 published works

  1. Mass Tort Defense

    Class Discovery Sufficient for Merits Summary Judgment

    By Sean Wajert

    Readers know that courts will sometimes, perhaps often, bifurcate discovery in a proposed class action between the discovery needed to assess certific

  2. San Antonio Employment Law Blog

    SCOTUS Says Summary Judgment Does not Obtain When Key Facts are in Dispute

    By Thomas J. Crane

    Summary judgment (i.e., "quick" judgment) has become the bugaboo for employment lawsuits over the past 20 years. I have discussed how the over-use of summary judgment has been particularly difficult…

  3. Civil Procedure & Federal Courts Blog

    Guest Post: Brunet and Parry on Tolan v. Cotton

    By Robin Effron

    Ed Brunet and John Parry (Lewis & Clark) present the following guest post:The growing list of summary judgment skeptics should find much to  like in Monday’s Tolan v. Cotton decision. …

  4. Civil Rights Law & Policy Blog

    “Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge’s Own View of the Sufficiency of the Evidence?”

    By Andrew M. Ironside

    The title of this post comes from this intriguing new article by Professor Suja A. Thomas, the abstract of which states: Under motions for summary judgment, directed verdict, and judgment…

  5. Pennsylvania Family Law

    SUMMARY JUDGMENT MOTIONS IN PA SAME-SEX MARRIAGE CASE MAY PROMPT EARLY DECISION FROM COURT

    By Aaron Weems

    [caption id="attachment_1114" align="alignleft" width="300"] (Photo Credit: Mexico Institute)[/caption] The battle over same-sex marriage rights in Pennsylvania has been simmering since last summer when concurrent litigation was initiated in a few…

  6. New York Attorney Malpractice Blog

    Try As They Might, Summary Judgment Just Isn’t There

    By Andrew Lavoott Bluestone

    We believe that a greater proportion of legal malpractice cases are subject to motions for summary judgment, and that more decisions to dismiss are granted than in other specialties.  In…

  7. The Trademark Blog

    Bringing Summary Judgment Prior To The Close Of Discovery: In This Instance, Not A Good Use of Anyone’s Time

    By Marty Schwimmer

    Plaintiff seeks summary judgment that the term COLLECTIVE is descriptive as used by Defendant/Counterclaim Plaintiff. Defendant owns COLLECTIVE NETWORK, COLLECTIVE VIDEO and C COLLECTIVE THE AUDIENCE ENGINE. Defendant has used…

  8. North Carolina Appellate Practice Blog

    In Summary Judgment Matters, Letters between Counsel are No Substitute for Affidavits or Other Proper Record Evidence

    By Fox Rothschild LLP

    Any litigator can tell you that a North Carolina court examining a motion for summary judgment determines whether a genuine issue of material of fact exists by looking at any…

  9. Appellate Advocacy Blog

    Steinman on Appellate Review of Summary Judgment Denials

    By David R. Cleveland

    Joan Steinman, Distinguished Professor of Law at Chicago-Kent School of Law, posted a piece on SSRN: The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? Steinman is…

  10. San Antonio Employment Law Blog

    Fifth Circuit Panel Ignores Evidence of Racism

    By Thomas J. Crane

    In Willis v. CLECO Corp., No. 13-30217, (5th Cir. 4/8/14), the Fifth Circuit panel reverses summary judgment regarding a disciplinary write-up, but affirms summary judgment regarding the termination of an…