Accession Number:

ADA456705

Title:

A Modest Proposal: Permit Interlocutory Appeals of Summary Judgment Denials

Descriptive Note:

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA

Personal Author(s):

Report Date:

1994-04-01

Pagination or Media Count:

172.0

Abstract:

In 1986, the Supreme Court issued three opinions clarifying the standards for summary judgment and encouraged federal district courts to make summary judgment more readily available to litigants. Despite summary judgments elevated status, courts erroneously fail to summarily dispose of cases when judgment is clearly mandated. Further, the law fails to provide an adequate mechanism to appeal improper summary judgment denials. This thesis reviews the law interpreting Rule 56 of the Federal Rules of Civil Procedure, discusses the shortcomings of potential avenues of appeal, and suggests two methods by which the Supreme Court can provide for interlocutory appeals of improperly denied motions for summary judgment.

Subject Categories:

  • Sociology and Law

Distribution Statement:

APPROVED FOR PUBLIC RELEASE