Practice Tip: Consider Filing a Renewed Motion for Summary Judgment

When your motions for summary judgment in product liability cases are denied, your usual reaction is probably to move on and to begin focusing your case on how to win at trial. While that is usually the best approach, that doesn't mean you necessarily have to give up on the hope of winning the case on summary judgment before trial. Orders denying summary judgment are interlocutory, and so a court has the inherent power to reconsider them and change them at any time before entry of final judgment. <i>See, e.g., Freeman v. Kohl &amp; Vick Mach. Works, Inc.</i> 673 F. 2d 196 (7th Cir. 1982). Nothing in the rules bars a party from filing a renewed motion for summary judgment and, as described below, there are times when such a motion is called for.

7 minute read August 01, 2003 at 04:31 PM
By
Julie A. Blum
Practice Tip: Consider Filing a Renewed Motion for Summary Judgment

When your motions for summary judgment in product liability cases are denied, your usual reaction is probably to move on and to begin focusing your case on how to win at trial.

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