A Summary Judgment is Not a Dismissal!
Drake Law Review, Vol. 56, No. 1, 2007
15 Pages Posted: 18 Dec 2008 Last revised: 22 Dec 2008
Date Written: 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.
Keywords: litigation, summary judgment, federal courts, civil procedure
Suggested Citation: Suggested Citation