Cutting to the Chase: How Summary Judgment Can End a Case Early
Our friends at TGH Litigation discuss how summary judgment is a procedural vehicle by which claims are resolved before reaching a full-blown trial. Two forces propel a case towards resolution: the facts and the law. It is a jury’s job to resolve factual disputes versus the judge’s job to reach conclusions of law. An experienced school harassment lawyer can help evaluate whether a case is likely to survive summary judgment and build a strong legal strategy moving forward.
A motion for summary judgment is usually filed by the Defendant at the end of the discovery phase when all the facts have been ascertained by both parties. Their motion will be based on the rationale that there are no disputed facts and therefore, proceeding with a jury trial is pointless. Ultimately, it is up to the Judge to decide whether to grant a summary judgment motion.
What is Discovery?
Discovery is the process of gathering the facts from the opposing party. Discovery routinely includes documents, emails, depositions, and interrogatories.
What is Material Facts?
The party asking for summary judgment believes that there is no genuine dispute of material facts. Material facts are facts which have the potential to affect the outcome of the case. A genuine dispute means that there is enough evidence that a reasonable jury could side with the party not moving for summary judgment. If they’re right, and there is no dispute of genuine material facts, then there is no need for a jury because there is nothing left for them to resolve.
Burden Shifting
The party seeking summary judgment bears the initial burden of showing that there is no genuine dispute of material fact. This is done by pointing to the evidence in the record (i.e. deposition testimony) that demonstrates the absence of a factual issue. Once the moving party meets its burden, the non-moving party is then required to show that a genuine dispute of material fact exists. It cannot rely on mere denials, rather it must point to specific evidence in the record.
Standard Applied by the Court
The court does not assess evidence credibility. All evidence is viewed in the light most favorable to the non-moving party, and all reasonable inferences are drawn in that party’s favor. If reasonable minds could differ on the outcome based on the evidence, then a grant of summary judgment is improper.
Reason for Summary Judgment
For plaintiffs, summary judgment is a legal hurdle that cannot be ignored. It is a procedure created by the United States legal system to expedite court cases, cut costs, and spare everyone the ordeal of a drawn-out trial when the facts are not truly in dispute. But as a plaintiff, your goal is to show that a real factual dispute exists because if you can, the case moves forward and you get your story gets told.