Summary judgment is probably the most significant instrument for resolving cases before trial. Empirically, summary judgment aids defendants much more than plaintiffs – empirical studies have shown that more than two-thirds of grants of summary judgment have been in favor of the defense. Why do you think that is?
Using the concepts and cases discussed in the lecture and readings, discuss the costs and benefits of summary judgment for the litigation system. Do you think the role of summary judgment in civil litigation should be limited more, kept the same, or increased?
