In most cases, the person who files the lawsuit has the burden to show the jury enough evidence to win the case. Normally before a trial, the defendant will ask the court to dismiss the case without a jury because the plaintiff doesn’t have enough evidence.
It’s called summary judgment, and it’s only granted when the evidence shows there are no genuine issues of factual disputes left in the case. It isn’t common for a plaintiff to ask for summary judgment because plaintiffs want to get to a jury trial.
About a Motion for Summary Judgment
A party may file a motion for summary judgment on all claims and defenses in a lawsuit. If the Court grants the full motion, the moving party obtains an appealable final judgment. On the other hand, if the judge grants summary judgment on only some claims, the order is not an appealable final judgment because some remaining claims/defenses in the case must be resolved.
The following are the most common benefits of moving for a summary judgment:
- The motion forces each party to reveal key evidence and even their litigation strategy.
- The motion ends the case without the costs and amount of time associated with trial and ongoing court litigation.
Recent Summary Judgment Our Firm Obtained
Attorneys Kevin Snider and Sean O’Brien recently filed a motion for summary judgment on behalf of their clients, the plaintiffs. They argued a trial by jury wasn’t needed because through depositions, discovery, and years of litigation, there was nothing left to dispute.
After a hearing, the Court awarded full summary judgment to Mr. Snider’s and Mr. O’Brien’s clients for breach of contract and negligence. The Court awarded partial summary judgment to the plaintiffs on every element of fraud, except one. The Court reserved a ruling on that single, narrow issue. They’ll be back in court to argue the amount of damages, soon.
In the meantime, if you think you have a breach of contract or fraud claim in Germantown, TN, or within the surrounding area, call Snider & Horner, PLLC at (901) 730-8880 or fill out our online contact form today to schedule an initial consultation. Serving our community since 1996!