Mixed Signals on Summary Judgment

23 Pages Posted: 6 Jun 2015

See all articles by Howard Wasserman

Howard Wasserman

Florida International University (FIU) - College of Law

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Date Written: June 3, 2015

Abstract

This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary judgment, particularly in civil-rights cases involving video evidence.

Suggested Citation

Wasserman, Howard, Mixed Signals on Summary Judgment (June 3, 2015). 2014 Mich. St. L. Rev. 1331 (2014); Florida International University Legal Studies Research Paper No. 15-19. Available at SSRN: https://ssrn.com/abstract=2614102

Howard Wasserman (Contact Author)

Florida International University (FIU) - College of Law ( email )

University Park, DB 2065
Miami, FL 33199
United States
305-348-7482 (Phone)

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