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. In this column, they discuss three special issues that frequently arise in summary judgment: motions filed past the deadline, negligence cases and employment discrimination cases. All three issues involve walking a fine line between stretching the law with a good faith argument and stretching the law purely to win a case.
"Like any attempt to 'stretch,' if you are caught, you do risk losing credibility by creating the impression that you cannot win on summary judgment, if the court applies the law properly," they say. "Walk that line, but with care."
READ: Good Summary Judgment Motions: Special Issues