Publications

Section Newsletter Articles on Summary Judgment

Comparative fault not trumped by summary judgment on liability By Jason G. Schutte and B. Moses Brown Civil Practice and Procedure, August 2016 Illinois Appellate Court demonstrates that a ruling of summary judgment on duty and breach of duty against Defendant does not bar Defendant from presenting evidence on negligence and arguing comparative fault at trial.
Summary judgment motion practice in the Northern District of Illinois By Regina W. Calabro Federal Civil Practice, April 2016 For district court and magistrate judges overseeing cases in the Northern District, counsel’s failure—or outright refusal—to comply with the local rules is a continuing source of frustration, as demonstrated by numerous decisions.
Summary judgment motion practice in the Central and Southern districts By Ambrose V. McCall Federal Civil Practice, February 2016 The case law and practice in the Central and Southern District suggest being mindful of all the local rules, including the following specific rules when preparing summary judgment motions and response briefs.
The summary judgment motion—The strategic decisions you need to make By Jo Anna Pollock Federal Civil Practice, February 2016 Summary judgment motions are paper trials and, as such, several strategic decisions need to be made before you decide whether to file the motion or how to oppose one.
The affidavit & success at summary judgment By Natalie Koepke and Jason G. Schutte Civil Practice and Procedure, October 2015 A discussion of the rules and case law governing the use of affidavits for summary judgment motions.
Summary judgment without asking: The Power of a United States District Court Judge to enter Summary Judgment sua sponte under Rule 56(f) By Hon. Tom Schanzle-Haskins Federal Civil Practice, June 2015 Rule 56(f) of the Federal Rules of Civil Procedure codifies previously existing law which permits granting sua sponte summary judgment by a District Court.
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 Exclusionary Clause is the focus of the policyholder’s ire in USAA v. Dare: “It depends on what you mean by ‘maintenance’” By Hon. Daniel T. Gillespie Civil Practice and Procedure, February 2006 Can a party ever appeal a denial of a motion for summary judgment?
Effectively using Rule 36 in summary judgment motions By Travis J. Ketterman Federal Civil Practice, December 2005 This article explores using Rule 36 Requests for Admissions as both a sword and shield in the crucial juncture of summary judgment motions.
Summary judgment By Gail L. Noll Federal Civil Practice, December 2005 Summary judgment is a powerful tool in civil litigation.
Summary judgment in the Southern District of Illinois By Tracy L. Prosser Federal Civil Practice, December 2005 Filing summary judgment motions in the District Court for the Southern District of Illinois is fairly straightforward.
Deposition rules to improve your success on summary judgment motions By Timothy J. Howard Federal Civil Practice, May 2005 Whether you represent the plaintiff or the defendant, there is always at least one element of your case that you believe is subject to summary judgment.
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.