If the firm has expertise in this area, they have institutional knowledge to draw on in addressing the issue which makes the case a summary judgment candidate.
What is a realistic estimate of the cost to prepare the summary judgment motion?
If the claim is a low dollar-value file, could the summary judgment motion's price tag exceed the case's value?
Much like the pre-1986 federal summary judgment standard, (8) Alaska courts tend to disfavor treating summary judgment motions as a procedural shortcut.
Parts I and II of this Note analyze the distinctions between the federal and Alaskan summary judgment standards, respectively.
This change modernized the summary judgment standard to mirror its procedural relative-directed verdict--by considering the evidentiary burdens that the movant and nonmovant will bear at trial.
opposing view--namely that invigorated summary judgment practice simply
Loewenstein have suggested, liberalized summary judgment practice might
system: even if fewer cases get past summary judgment, perhaps more
LEGAL COMMENTARY: Summary judgment
provides courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.
COURT'S OPINION: The Supreme Court of New York, Suffolk County, ordered that the motion for summary judgment by Dr.
LEGAL COMMENTARY: The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case.
CONCLUSION: A PROPOSAL TO RE-INVENT SUMMARY JUDGMENT PROCEEDINGS
When a litigant moves for summary judgment in federal court, (2)
Unlike a poker game, summary judgment proceedings require