A Summary Judgment is Not a Dismissal!
Bradley Scott Shannon
Florida Coastal School of Law
Drake Law Review, Vol. 56, No. 1, 2007
Many lawyers think that the granting of a motion for summary judgment results in the dismissal of the underlying claim or action. They are wrong. Though summary judgments and dismissals share some characteristics, they are distinct procedures. Accordingly, the failure to distinguish these concepts can lead to problems. In particular, the confusion of summary judgments with dismissals arguably has resulted in a widespread misapplication of the federal supplemental jurisdiction statute.
Number of Pages in PDF File: 15
Keywords: litigation, summary judgment, federal courts, civil procedureAccepted Paper Series
Date posted: December 18, 2008 ; Last revised: December 22, 2008
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