Publications

Section Newsletter Articles on Summary Judgment

Does ‘Self-Serving’ Evidence Dictate Summary Judgment Defeat? (Ill. Northern District) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, January 2014 Kuvedina LLC v. Pai is worth reading for many reasons, one being its discussion of Federal court ”abstention doctrine.”
Reply briefs: Who speaks last to the court? By Ambrose V. McCall Federal Civil Practice, September 2012 The Smith v. Bray opinion aids efforts to provide reply arguments, within the context of summary judgment, because the Seventh Circuit clarified that parties who were prevented from responding to new evidentiary issues at the trial court level will receive that opportunity on appeal.
The fate of summary judgment and discovery in ERISA benefit-claim litigation: Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998) By Mark A. Casciari and Ian H. Morrison Employee Benefits, September 1999 Departing from years of accepted practice, the United States Court of Appeals for the Sixth Circuit in Wilkins v. Baptist Healthcare Systems, Inc., 150 F.3d 609 (6th Cir. 1998), rejected summary judgment as a procedural device for adjudicating ERISA § 502(a)(1)(B) claims for benefits.