InvestorsHub Logo
Followers 67
Posts 4829
Boards Moderated 0
Alias Born 06/12/2014

Re: None

Saturday, 07/20/2019 9:30:51 PM

Saturday, July 20, 2019 9:30:51 PM

Post# of 934
The "Summary Judgment Premium$$ "

Critics focus on the grants of a motion for summary judgment and
wrongly fail to assess a potentially efficient denial of summary
judgment.13 However, attention must be given to denials of summary
judgment in order to fully appreciate the positive impact of Rule 56.


The motion is often denied, and, when this occurs, the case becomes
more expensive to settle. In a very real sense, a summary judgment
premium arises at the time a Rule 56 motion is denied. When a motion
for summary judgment is denied, the settlement value of a claim
increases. This dynamic benefits the nonmovant, normally the plaintiff,and should be more fully appreciated.


The Summary Judgment Premium Deters Frivolous Motions

The possibility of denial of the summary judgment motion and the
creation of a summary judgment premium play a valuable role in
deterring the filing of frivolous summary judgment motions. Filing the
motion activates the movant's risk of triggering a settlement premium.
Awareness of this possibility serves a useful function of deterring
frivolous costs.

https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1013&context=luclj
Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent PRKR News