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Nina E. Kallen - Attorney at Law - Winning Your First (Or Next) Summary Judgment Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. Summary judgment should be granted where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. Where the party moving for summary judgment does not have the burden of proof at trial, this burden may be met by either submitting affirmative evidence that negates an essential element of the opponent's case, or by "demonstrating that proof the at that element is unlikely to be forthcoming at trial." Flesner v. www.kallenlawyer.com /articles/winning.htm   (1771 words)

Summary judgment - Wikipedia, the free encyclopedia Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. A motion for summary judgment in United States District Court is governed by Rule 56 of the Federal Rules of Civil Procedure. en.wikipedia.org /wiki/Summary_judgment   (1424 words)

ISDLS - Authoritative Papers - Mediation: An Overview of Alternative Dispute Resolution, by Robert A. Goodin & ... In bringing a motion for summary judgment, the moving party maintains that, notwithstanding the allegations of the pleadings, there is no genuine issue of material fact that requires a trial—that is, no “triable issue of fact”—and that the moving party is entitled to judgment as a matter of law. In passing on a summary judgment motion, the court considers all of the materials properly presented in support of or in opposition to the motion, including pleadings, depositions, answers to interrogatories, and affidavits; as noted, the court may consider any material that would be admissible at trial. Initially, the authority to grant partial summary judgment was limited to cases in which the court could determine the issue of the defendant’s liability as a matter of law, but the issue of the amount of damages presented factual questions to be resolved by the jury. www.isdls.org /authoritative_papers_summaryjudgment.html   (1467 words)

Rule 166a. Summary Judgment (1997) A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial. Paragraph (i) does not apply to ordinary motions for summary judgment under paragraphs (a) or (b), in which the movant must prove it is entitled to judgment by establishing each element of its own claim or defense as a matter of law. www.stcl.edu /library/TexasRulesProject/TRCP166-175/rule166a1997.htm   (2065 words)

What Is Tort Reform, Anyway? A User-Friendly Guide.: Summary Judgment Most motions for summary judgment are filed by defendants that want the judge to decide that some or all of the plaintiff's lawsuit shouldn't go to trial. Traditionally, the burden of proof is on the party moving for summary judgment: That party must prove with evidence that would be admissible at trial that he or she is entitled to summary judgment. Frivolous lawsuits never make it past a summary judgment because if a judge lets a lawsuit get past a summary judgment, he or she has ruled that the case is strong enough to take to a jury. www.whatistortreform.com /2005/01/summary_judgmen.html   (312 words)

FRCP - Rule 56 (LII 2007 ed.) A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits 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. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. www.law.cornell.edu /rules/frcp/Rule56.htm   (315 words)

Summary Judgment -- Copyright (Urantia Papers) Maaherra requests that her motion for partial summary judgment in this case be granted nonetheless because she is fully entitled under the law to have this new case against her summarily dismissed. Summary judgment is available in copyright infringement cases, as in other cases, when "viewing the facts and reasonable inferences in the light most favorable to the non-moving party, 'there is no genuine issue as to any material fact and. Because the Foundation's claim of copyright infringement was rejected by a court with co-equal jurisdiction to hear the same matter, this Court must respect that decision and grant Maaherra's motion for partial summary judgment because she is entitled to such judgment as a matter of law. www.freeurantia.org /webdoc5b.htm   (8928 words)

Gender and Summary Judgment: Some Preliminary Thoughts Summary judgment is an area where there has been considerable change over the last 15 years, most explicitly in the federal courts. Summary judgment decision making at the trial level, and appellate review of grants of summary judgment, necessarily involve subtle assessment of the strength of the case (most usually the plaintiff's) on what may be a very abbreviated record. Summary judgment is an area where there is a tremendous amount of discretion, and discretion can be the locus of hidden discrimination. www.aals.org /profdev/civpro/schneider.html   (1081 words)

Summary Judgment   (Site not responding. Last check: 2007-10-14) It is possible to visualize the courts' approach to summary judgment, the judge-jury respective areas of responsibility, and the burdens of proof at trial in diagram form. The white areas on either side are the areas in which the judge will grant summary judgment pursuant to Rule 56 or judgment as a matter of law pursuant to Rule 50. Remember the "statement" that the court is making if it grants summary judgment: that taking all of the evidence in the light most favorable to the party against whom the court is ruling, no rational jury could find for that party. www.pace.edu /lawschool/dld/CivPro1_Materials/summary_judgment_short.html   (644 words)

IP Legal Lounge: Summary Judgment Hence, the district court denied defendants' summary judgment motion with respect to the ACPA claim, and left the question of bad faith for determination by the finder of fact. Defendant raised three main arguments in his summary judgment motion relating to the trademark claims: (1) Trudeau authorized him to use the trademarks, (2) no likelihood of confusion exists, and (3) he is protected from liability by the first-sale doctrine. In granting summary judgment for Trudeau, the Court correctly held that acquiescence should be pled as an affirmative defense to a trademark claim, not as a counterclaim. www.iplegallounge.com /blog/summary_judgment/index.html   (1660 words)

Civil Procedure Capsule Summary - Chapter 10 A motion for summary judgment may be supported by the pleadings, discovery documents, affidavits, and any other materials that present facts that would be admissible at trial. Similarly, summary judgment with respect to fewer than all the claims or parties is also not considered final for purposes of federal appeal, although a court may direct entry of a final judgment in such cases in conformity with FRCP 12(b) motion to dismiss the complaint does not cut off plaintiff’s right to nonsuit unless the motion is converted into a summary judgment motion by the offer of supporting materials outside the pleadings. www.lexisnexis.com /lawschool/study/outlines/html/civpro/civpro10.htm   (951 words)

Summary Judgment   (Site not responding. Last check: 2007-10-14) In any action, except administrative appeals which are not enumerated in Section 14-7, any party may move for a summary judgment at any time, except that the party must obtain the judicial authority's permission to file a motion for summary judgment after the case has been assigned for trial. These rules shall be applicable to counterclaims and cross complaints, so that any party may move for summary judgment upon any counterclaim or cross complaint as if it were an independent action. The pendency of a motion for summary judgment shall delay trial only at the discretion of the trial judge. www.brownwelsh.com /HPLowry_archive/17-44.htm   (100 words)

Definition: Motion for Summary Judgment. 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. Summary judgment proceedings are governed by Rule 56, Federal Rules of Civil Procedure. www.techlawjournal.com /glossary/legal/summary.htm   (226 words)

41CFR60-30.60-30.23 - Summary judgment. All motions for summary judgment shall be accompanied by a ``Statement of Uncontested Facts'' in which the moving party sets forth all alleged uncontested material facts which shall provide the basis for its motion. The judgment sought shall be rendered forthwith if the complaint and answer, depositions, 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. Summary judgment rendered for or against the Government or the respondent shall constitute the findings and recommendations on the issues involved. www.dol.gov /dol/allcfr/Title_41/Part_60-30/41CFR60-30.23.htm   (376 words)

Washingtonpost.com Special Report: Jones vs. Clinton Summary judgment is appropriate when "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." Fed.R.Civ.P. 56(c). Indeed, in her memorandum in opposition to the President's motion for judgment on the pleadings (filed July 29, 1997), plaintiff stated that "[a] sexual harassment claim brought pursuant to § 1983 is similar to a Title VII sexual harassment claim" and cited King v. 1998) (noting that to withstand summary judgment on quid pro quo claims, plaintiffs were required to produce evidence showing that the harassment complained of affected tangible aspects of their compensation, terms, conditions, or privileges of employment). www.washingtonpost.com /wp-srv/politics/special/pjones/docs/order040198.htm   (7187 words)

RULE 4:46. SUMMARY JUDGMENT The motion for summary judgment shall be served with briefs, a statement of material facts and with or without supporting affidavits. A motion for summary judgment may be denied without prejudice for failure to file the required statement of material facts. The motion shall be made to the trial court and shall be decided on the basis of the record made in the summary judgment motion and the trial of the cause. www.judiciary.state.nj.us /rules/r4-46.htm   (652 words)

Legal Definition of Summary Judgement Liberty Lobby, Inc., 477 U.S. To preclude summary judgment, the dispute about a material fact must also be "genuine," such that a reasonable jury could find in favor of the non-moving party. In general, inadmissible hearsay evidence may not be considered on a motion for summary judgment. Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried. www.lectlaw.com /def2/s102.htm   (290 words)

Summary Judgment Defendants have now moved for summary judgment, asserting that the copying of news articles onto their website is [begin page 2] protected by the fair use doctrine. A party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and of identifying those portions of the pleadings and discovery responses which demonstrate the absence of a genuine issue of material fact. CONCLUSION For the foregoing reasons, plaintiffs' motion for summary adjudication with respect to fair use is granted and defendant's motion for summary judgment is denied. www.freerepublic.com /summaryjudgment.htm   (7993 words)

PART 24 - SUMMARY JUDGMENT In civil proceedings against the Crown, as defined in rule 66.1(2), a claimant may not apply for summary judgment until after expiry of the period for filing a defence specified in rule 15.4. If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing. Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days’ notice of – www.dca.gov.uk /civil/procrules_fin/contents/parts/part24.htm   (688 words)

Freedom of Speech and Appellate and Summary Judgment Review in Copyright Cases E.Applying These Principles to Summary Judgment and Motions for J.N.O.V. The same principles apply when trial courts review motions for summary judgment and for judgment notwithstanding the verdict: The court must independently decide whether the two works are indeed substantially similar in their expression, and not just whether a reasonable jury could so find. The judgment behind this is partly empirical -- courts of appeals will correct factfinder mistakes and refine vague rules through case-by-case adjudication -- but primarily normative: Courts of appeals have a constitutional duty to try to correct factfinder mistakes and to try to refine vague rules. Summary judgment in favor of the plaintiff is rarer, but does happen occasionally. www1.law.ucla.edu /~volokh/copyrev.htm   (14202 words)

James Madison Project: Defendant's Motion for Summary Judgment 5/21/99   (Site not responding. Last check: 2007-10-14) In FOIA cases, the court may grant summary judgment only if it is satisfied that the "moving party has proven that no substantial and material facts are in dispute and that it is entitled to judgment as a matter of law." Schlesinger v.CIA, 591 F. Supp. As this Court is well aware, in order to obtain summary judgment the government must file affidavits and an index which enables the trial and appellate courts to perform their de novo review of the government's classification decision. Summary judgment is appropriate in Exemption One cases only when the agency's declarations "describe the documents withheld and the justifications for nondisclosure in enough detail and with sufficient specificity to demonstrate that material withheld is logically within the domain of the exemption claimed...." King, 830 F.2d at 217 (emphasis added). www.jamesmadisonproject.org /summary2.html   (7893 words)

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