Wednesday, April 29, 2015

Interesting SCOTUS Cert. Petition on Summary Judgment

Today the Supreme Court wrapped up its oral arguments for the Term. There are lots of cases still to be decided, of course. And the Court should be taking action this week (Friday is the deadline) on the latest batch of proposed amendments to the Federal Rules of Civil Procedure.

Also in the coming weeks, the Court will be considering an interesting petition for certiorari out of the Seventh Circuit on summary judgment. Estate of Brown v. Thomas (No. 14-1139) presents an important question that federal courts have been struggling with ever since Celotex and the 1986 summary judgment trilogy:

What initial burden does Fed. R. Civ. P. 56 impose on a moving party that seeks summary judgment on the ground that the non-moving party cannot prove its case?

Here are the cert. stage briefs, and here is the docket. The case does not appear to be calendared for conference yet, but that will likely happen in May.

Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink


Think link to the cert stage briefs is not working

Posted by: Valerie N | Apr 30, 2015 8:32:30 AM

Thanks, Valerie. It was working yesterday but is having problems today. I'll see if I can find out what's going on.

Posted by: Adam | Apr 30, 2015 10:41:29 AM

Link is working again. Thanks!

Posted by: Adam | Apr 30, 2015 1:09:33 PM

Thanks Adam!

Posted by: Valerie N | Apr 30, 2015 1:32:28 PM

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