LAW 607 Lecture Notes - Lecture 57: False Advertising, Collateral Estoppel, Summary Judgment
1 Jun 2020
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Movant entitled to judgment: the second part of the summary judgment standard is that the movant must be entitled to judgment as a matter of law. This means governing law must allow the movant to prevail on the undisputed facts. The judgment: a summary judgment on the entire case is a final judgment and is treated like a judgment rendered after a full trial. If such claims arise from the same basic set of events, the party may be precluded from raising them in the later case. If a party was not a plaintiff (or in certain narrow circumstances to be discussed below, a defendant), claim preclusion does not require the party to litigate its claim in the first action. One reason justifying the disparate treatment of plaintiffs and other parties is that plaintiff has the privilege of selecting the court.
