Bar Bulletin

Bar Bulletin

Why and How Some Federal Courts Employ a Relaxed Summary Judgment Standard in Bench Trials

March 2018 bar bulletin

By Allison L. Ebeck

The standard for summary judgment is, seemingly, not a controversial one, as the standard is generally uniform among the federal circuits.1 As is well known by any trial lawyer or law student studying for the bar exam, summary judgment is proper where “the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.”2 Summary judgment may be granted where there is no basis...

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