This quarter’s docket was rife with interesting cases, exploring a myriad of procedural and factual issues. Among them was a subset of cases that stood out due to the common theme pervading each case: Strict adherence to procedural requirements and attention to burdens of proof are paramount to a successful outcome. Even the strongest substantive argument can be rendered ineffective as a result of a seemingly minor procedural defect.
Following the Rules
It has been said that “rules are meant to be broken.” While this adage invokes a certain intrigue, it is one that should, aptly, be kept out of the courtroom—particularly when an attorney hopes to have his or her motion for summary judgment granted. As if this is not obvious enough, Powers v. Lyons Central School District, 2015 U.S. Dist. LEXIS 27381 (W.D.N.Y. March 4, 2015) serves as a reminder that even the most elementary lessons must not be forgotten when it comes to the prudent practice of law: Listen and follow the rules.
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