Sentences with phrase «record on a motion for summary judgment»

In my view, absent limited circumstances (such as a trial on damages once liability is determined), the Court should restrict itself from ordering a mini-trial when a party has chosen to tender a deficient evidentiary record on a motion for summary judgment, for a mini-trial ought not to permit a party to buttress or «cooper up» its deficient record.

Not exact matches

I mean we're doing this recording on May the 9th and a motion for summary judgment is going to be filed on May the 24th.

In cases that call for multiple findings of fact on the basis of conflicting evidence emanating from a number of witnesses and found in a voluminous record, a summary judgment motion can not serve as an adequate substitute for the trial process.