In FTC v D-Link, Judge Swiftly Sweeps Aside Competing Motions—and Critiques Summary Judgment Practice
"Since federal judicial records indicate that summary judgment is granted in a minority of cases, routinely filing the motion almost certainly increases the overall cost of litigating civil cases in federal court without a net benefit," wrote U.S. District Judge James Donato.
November 06, 2018 at 06:36 PM
3 minute read
In two pages issued Monday—a mere 429 words—the federal judge overseeing a potentially precedent-setting enforcement action involving internet connected devices not only turned back the parties' cross-motions for summary judgment, but managed to offer up some commentary on the often fruitless nature of summary judgment practice.
U.S. District Judge James Donato, who has been overseeing the Federal Trade Commission's case against Taiwan-based computer networking equipment maker D-Link Corp, tossed aside both sides' motions, noting that summary judgment briefing alone had taken up more than 100 pages.
“While sheer size alone is not fatal to a summary judgment motion, the parties' papers demonstrate a panoply of genuine disputes of material fact that will require a trial, and an opportunity to evaluate witness credibility, to properly resolve,” Donato wrote.
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