Welcome to a new addition to the Blog – Let’s Talk! Here is how it will work – Whenever I have a topic I want to discuss I will put it here and on LinkedIn and we shall see what type of reaction and conversation develops. Maybe some of the ideas will turn into articles, webinars or more, we shall see.
For our first installment here is the topic: Appellate Review of Summary Judgment Motions
From a general perspective, what do you think of giving parties the right to request appellate review of summary judgment motion decisions and the lower court case is on stay during the review?
I’ve thought about this for a while now and I think it makes a lot of sense because parties should not be required to go through a trial to have a summary judgment ruling reviewed. It would also force the lower court judges to put more thought and effort into their decisions. The way the system is set up now forces defendants to settle. Why not first confirm there is an actual basis for liability. Immediate appellate review would likely decrease trials and increase settlements.