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The High Stakes of Summary Judgment: What You Need to Understand as a Plaintiff
Summary judgment is a critical procedural tool in the litigation process, allowing either party, typically the defendant, to seek a ruling in their favor based on the merits of the case.
In this episode, Tom breaks down the textbook definition and the practical realities of the summary judgment stage in the litigation process for an employment law case.
The defendant often initiates summary judgment. It presents a significant opportunity for the court to rule in their favor by asserting that no reasonable juror could find in favor of the plaintiff.
This stage is a big deal. It occurs in almost every case, particularly in federal courts. This is where the defendant will take their shot at getting your case kicked out of court. It typically occurs fairly late in the case, after discovery, when there are a number of facts on the record.
The court's primary consideration is whether there is a genuine issue of material fact upon which a reasonable juror could rule in favor of the plaintiff. This hinges on the dispute being a genuine point of contention and its relevance to the elements the plaintiff must prove to win their case.
The practical realities of summary judgment underscore its critical importance in shaping the direction of a case.
You Will Learn
1️⃣ Why summary judgment is a pivotal stage in the litigation process
2️⃣ What goes into the extensive preparation for summary judgment
3️⃣ How successfully opposing summary judgment can be a significant win for the plaintiff
4️⃣ What constitutes a genuine issue of material fact in the context of a lawsuit, and why is it important in the summary judgment process
5️⃣ How the summary judgment stage can serve as a strategic opportunity for mediation and potential settlement negotiations
Links and Resources
Steps in the Litigation Process Podcast Series
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.
View all episodes
By Tom SpiggleSummary judgment is a critical procedural tool in the litigation process, allowing either party, typically the defendant, to seek a ruling in their favor based on the merits of the case.
In this episode, Tom breaks down the textbook definition and the practical realities of the summary judgment stage in the litigation process for an employment law case.
The defendant often initiates summary judgment. It presents a significant opportunity for the court to rule in their favor by asserting that no reasonable juror could find in favor of the plaintiff.
This stage is a big deal. It occurs in almost every case, particularly in federal courts. This is where the defendant will take their shot at getting your case kicked out of court. It typically occurs fairly late in the case, after discovery, when there are a number of facts on the record.
The court's primary consideration is whether there is a genuine issue of material fact upon which a reasonable juror could rule in favor of the plaintiff. This hinges on the dispute being a genuine point of contention and its relevance to the elements the plaintiff must prove to win their case.
The practical realities of summary judgment underscore its critical importance in shaping the direction of a case.
You Will Learn
1️⃣ Why summary judgment is a pivotal stage in the litigation process
2️⃣ What goes into the extensive preparation for summary judgment
3️⃣ How successfully opposing summary judgment can be a significant win for the plaintiff
4️⃣ What constitutes a genuine issue of material fact in the context of a lawsuit, and why is it important in the summary judgment process
5️⃣ How the summary judgment stage can serve as a strategic opportunity for mediation and potential settlement negotiations
Links and Resources
Steps in the Litigation Process Podcast Series
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.