Examples of Meritorious Summary Judgment Motions
Litigation Attorney Daniel Small co-authored an article with the Honorable Judge Douglas H. Wilkins in Massachusetts Lawyers Weekly as part of a biweekly series. After two previous columns discussing the overuse of summary judgment, this article describes cases in which summary judgment is recommended. Contract cases whose disputes center on unambiguous written documents or affirmative defense cases that rely on a few factually uncontestable points are two of the examples cited.
"There are lessons to be learned by identifying cases in which you really should move for summary judgment," they state. "It is important to provide a reference point for evaluating the wisdom of filing a summary judgment motion."