Neoclassical Econ v. Posnerian Law and Econ Analysis(RE:Greenspan on Se...

Charles Brown CharlesB at
Tue Jan 18 09:52:58 PST 2000

>>> <JKSCHW at> 01/15/00 11:44PM >>>
With district court cases, 80-90% of dispositive pretrial motions are slam dunk easy. I will concede that a lot of summary judgment motions (motions for a decision on the law and undisputed facts before trial) are decided for defendants that should not be so decided, but that is because I think a lot of judges do not correctly understand the summary judgment standard. Another 10-15% are clear after analysis, but require work. Real creativity is called for only in a 5% or less of the cases.


CB: What is the correct summary judgment standard ?


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