Explore the common defenses against motions for summary judgment. Learn how to effectively counter an MSJ in litigation and protect your case from dismissal.
Motions for Summary Judgment (MSJs) can dramatically alter the course of litigation, potentially ending a case before it ever reaches a jury. However, just because a party files an MSJ doesn't mean the battle is over. With the right defenses and strategies, the opposing party can challenge the motion, preserve their claims, and proceed to trial.
This guide explores the most common defenses used to defeat MSJs and protect your case from premature dismissal.
A Motion for Summary Judgment is a request for the court to rule in favor of one party without a trial, arguing that there are no genuine disputes over material facts and that the moving party deserves judgment as a matter of law.
Successfully defending against an MSJ means showing the court that factual disputes remain—or that the moving party has not met the strict legal standards required for early dismissal.
The most fundamental defense is showing that genuine disputes of material fact exist.
Key Strategy: Highlight conflicting evidence, witness credibility issues, or incomplete factual development that necessitates a trial.
Example: In a negligence case, if two witnesses offer differing accounts of an accident, this factual dispute can defeat an MSJ.
If the moving party fails to present sufficient evidence, their MSJ can be challenged.
Key Strategy: Argue that the evidence offered is inadequate to support summary judgment or fails to meet the burden of proof.
Example: In a breach of contract case, the defendant may highlight the plaintiff’s failure to produce the contract or supporting documentation.
An MSJ should only be granted if no reasonable jury could find for the non-moving party.
Key Strategy: Emphasize that the law requires disputes to be resolved at trial when facts are contested, and that the moving party’s arguments fall short of this standard.
Example: In an employment discrimination case, a plaintiff may argue that circumstantial evidence is enough for a jury to infer discrimination.
Even a minor dispute over a material fact can derail an MSJ.
Key Strategy: Present clear examples where the parties disagree over critical facts that impact the legal outcome.
Example: Conflicting medical expert opinions on causation in a personal injury case create a genuine dispute requiring jury resolution.
A party can argue that summary judgment is premature if discovery is incomplete.
Key Strategy: File a Rule 56(d) affidavit (in federal court) or similar request in state court explaining why more discovery is needed.
Example: If a critical witness has not yet been deposed, a court may deny summary judgment to allow additional fact-gathering.
In lawsuits involving public officials, defendants may raise qualified immunity as a defense to limit liability unless a clear constitutional violation is proven.
Key Strategy: Argue that genuine factual disputes prevent the court from deciding qualified immunity without a trial.
MSJs fail if the moving party cannot establish every element of their claim or defense.
Key Strategy: Attack missing elements or insufficiencies in the moving party’s legal claims.
Example: In a fraud case, if the plaintiff cannot prove intent or reliance, the defense can defeat the MSJ.
Procedural errors—such as late filing, improper service, or missing evidence—can doom an MSJ.
Key Strategy: Carefully review the motion and highlight technical errors that may justify dismissal on procedural grounds.
Sometimes, even when legal standards technically favor summary judgment, judges may prefer to allow a jury to resolve credibility disputes.
Key Strategy: Emphasize the need for credibility assessments or complex fact-finding that is better suited for trial.
Gather and Present Evidence: Compile depositions, affidavits, documents, and witness testimony to create factual disputes.
Challenge Legal Interpretations: Identify misapplications of law or mischaracterizations of facts by the moving party.
Request Time for Discovery: If needed, formally request more time to gather evidence under applicable rules.
Spot Procedural Errors: Check that the MSJ complies with all local rules, deadlines, and filing requirements.
Facing a Motion for Summary Judgment is a critical moment in litigation. By identifying genuine disputes of material fact, challenging inadequate evidence, and raising both procedural and substantive defenses, parties can successfully defeat MSJs and preserve their right to a full trial.
A well-prepared defense not only saves a case but can also set the tone for favorable settlement negotiations and strategic advantages moving forward.
If you're defending against a Motion for Summary Judgment, don’t navigate it alone. At Legal Husk, our experienced attorneys are ready to help you build a strong defense, present compelling evidence, and keep your case moving forward.
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