Using Good Judgment Before Seeking Summary Judgment

For the defense bar, a motion for summary judgment can be an incredibly effective litigation tool. The successful motion puts an immediate end to a matter before trial, can limit the issues in dispute, or can provoke more reasonable settlement discussions. The MSJ unclogs dockets and saves litigants and courts time, effort, and money. But statistics suggest that MSJ’s are rarely granted and are often expensive to prepare. So defense practitioners should be asking themselves: is this the appropriate case to file an MSJ? The …

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