Business Litigation, Litigation Strategies, Summary Judgment

I Filed An Appeal. Is There A Stay? (And What Does That Mean?)

Pullman & Comley, LLC on 10/19/2023

One of the first questions I receive when chatting with a prospective client or a new client is: “Well, what happens after we file an appeal? Do I have to do what the judgment says I need to do?” My answer, of course, depends...more

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

Fuerst Ittleman David & Joseph on 6/30/2022

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on 9/13/2021

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies. Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”

Farrell Fritz, P.C. on 7/21/2021

In one of my previous posts, I discussed the basic requirements for bringing a CPLR 3213 motion for summary judgment in lieu of complaint. One such requirement (and the one that generates the largest body of case law), is...more

Summary Judgment 102: Make Sure Your “Money Instrument” Is In Tune With CPLR 3213

Farrell Fritz, P.C. on 3/29/2019

Summary judgment plays an important role in litigation. So important, in fact, that many of our blog posts are devoted to the topic. Last week, my colleague Matthew Donovan discussed the policy against allowing successive...more

Summary Judgment 101: Movants, Make Sure Your Evidence Is In "Admissible Form"

Farrell Fritz, P.C. on 2/8/2019

Most litigators are familiar with the requirement that a summary motion be supported with “evidentiary proof in admissible form” establishing the merits of a cause of action or defense....more

Finally, We’re Back to “Put Up, or Shut Up”

Burr & Forman on 10/28/2015

My clients who have defended against meritless claims over the last few years know why this is important. The Tennessee Supreme Court has finally restored the traditional summary judgment standard making it easier for these...more

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