Defendants in personal injury cases sometimes remove a case to federal court because of several advantages: stricter discovery rules and deadlines, familiarity with federal court practice, more defense-friendly juries, and expert discovery, to name a few. But one seemingly advantageous reason is often overlooked by defense attorneys, particularly those defending retailers or other premises owners: namely, the defendant-friendly federal court notice standard that applies to summary judgment motions. The federal court standard puts the burden of proof on the plaintiff to make out a prima facie case of notice. In state court, the defendant has the burden of proof of showing lack of notice.
This article looks at whether the federal court notice standard makes a difference in the outcome of summary judgment motions, particularly in cases involving transient conditions like a spill or debris on a store floor that causes a slip-and-fall.
Notice Standard
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