SUMMARY JUDGMENTS

Courts used to say that summary judgment was disfavored. Not any more. Courts today like nothing better than summarily adjudicating matters off their dockets.

And defendants love summary judgment. Even if it's a long shot, an MSJ works as a discovery tool, and it sure makes the plaintiff scurry. If it works, it's game, set, and match.

A defendant can start working on an MSJ as soon as the complaint comes in, and polish it for months. When it shows up on your desk, though, you have only a couple of weeks to respond. So what can you do? (Hint: Don’t wait around until you pick up the phone.)

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