>>> <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.
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CB: What is the correct summary judgment standard ?
CB