Business Litigation Session: October 2012 Archives

Business Litigation Session Limits Partial Dispositive Motions

Prosecuting or defending a motion to dismiss or a motion for summary judgment can be a substantial undertaking. In a complex case a motion for summary judgment can consume a hundred hours or more of attorney time and tens of thousands of client dollars. At the same time, reviewing all of the submitted material and producing a reasoned opinion consume significant amounts of court resources, resources which are already stretched thin due to budgetary constraints. Too often attorneys and litigants file motions to dismiss or for summary judgment as a matter of course, even when those filings will, at best, remove only a portion of the claims from a case, while achieving little or no reduction in further litigation cost or trial time.

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