>>> <JKSCHW at aol.com> 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 ?