Summary Judgment Motions
Understanding a Motion for Summary Judgment After Discovery in a Civil CaseA motion for summary judgment usually happens after the parties have completed all of their discovery.
If a defendant moves for summary judgment, they will have to demonstrate that there are no admissible facts in the record that could support a plaintiff's claims. The phrase used in evaluating summary judgment motions is whether there is "a genuine dispute of material fact." Because the plaintiff has the burden of proof, a defendant can get summary judgment if there is a lack of evidence supporting an essential element. A defendant can also get summary judgment if the plaintiff has made admissions fatal to an element of their claims. The presumption is still in favor of the plaintiff, given the preference to have disputes fully adjudicated on the merits. However, if you are a plaintiff in a civil case, you should make sure that before and during discovery you are getting information from your attorney about the possibility of a summary judgment motion, so that you can both make sure you get all of the essential evidence on the record in discovery. Learn more here about what to expect as a plaintiff in a civil lawsuit. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years, with a focus on complex business litigation. In 2009, she started the firm that became slnlaw. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year for a precedent-setting victory at the Massachusetts Supreme Judicial Court. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients with business and employment disputes. Emily has handled cases at every level of the state system, in the federal trial court, and before the First Circuit Court of Appeals.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has successfully defended numerous employers in the MCAD, and litigated other business and employment disputes throughout the state court system and in the federal trial court.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has litigated both plaintiff and defendant cases in the state court system, MCAD, and the federal trial court.
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