The following is an article of fiction. The author simply has a well-developed imagination. He should have won summary judgment. And he had – on all claims save one. But one was enough. And now he found himself in...more
On September 7 the District of Columbia Court of Appeals reached an important issue about the D.C. Anti-SLAPP Act that it had reserved a few months earlier. In Banks v. Hoffman, the Court held “the discovery-limiting aspects...more
With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more
The Situation: The Florida Supreme Court considered whether and how to amend Florida's summary judgment rule to comport with the federal summary judgment standard, which is easier to satisfy. The Result: The Florida...more
On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency...more
Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more
It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more
On November 13, 2019 the Federal Circuit issued an opinion in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. (2018-1329, -1331, -1728). The case involved appeals from both Columbia and Seirus...more
Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more
Since 2008, state courts in Tennessee have decided motions for summary judgment according to the ruling laid out by the Tennessee Supreme Court in Hannan v. Alltel Publishing Co. Unlike the summary judgment standard in...more