What Would a Reasonable Jury Do? Jury Verdicts Following Summary Judgment Reversals

42 Pages Posted: 30 Mar 2015 Last revised: 4 Apr 2015

Date Written: March 28, 2015

Abstract

This Note examines the claim that judges have improperly granted summary judgment where a reasonable jury could find for the nonmoving party. It begins by reviewing the literature on summary judgment, particularly three opinions the Supreme Court issued in 1986, as well as claims about the propriety of summary judgment in fact-intensive civil rights cases. To test these claims, this Note compiles cases where summary judgment was reversed and where a jury trial was held, which together indicate improperly granted summary judgment. Finding a number of such cases, including a higher-than-projected concentration of civil rights cases, this Note concludes by considering implications for civil rights litigation and federal civil procedure.

Keywords: summary judgment, empirical, empirical legal studies, civil procedure, civil rights, courts, procedure, no reasonable jury, genuine issue of material fact

JEL Classification: K41

Suggested Citation

Pfautz, Michael, What Would a Reasonable Jury Do? Jury Verdicts Following Summary Judgment Reversals (March 28, 2015). 115 Colum. L. Rev. (June 2015 Forthcoming), Available at SSRN: https://ssrn.com/abstract=2586612

Michael Pfautz (Contact Author)

Columbia Law Review ( email )

435 West 116th Street
New York, NY 10027
United States

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