3. In KENNEDY v. SILAS MASON CO., 334 U.S. 249, 25657, 68 S.Ct. 1031, 1034, 92 L.Ed....

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3. In KENNEDY v. SILAS MASON CO., 334 U.S. 249, 256–57, 68 S.Ct. 1031, 1034, 92 L.Ed. 1347, 1350–51 (1948), Justice Jackson, speaking for the Court, said: “[S]ummary procedures, however salutary where issues are clear-cut and simple, present a treacherous record for deciding issues of far-flung import, on which the Court should draw inferences with caution from complicated courses of legislation, contracting and practice.” He emphasized it would be “good judicial administration to withhold decision of the ultimate questions” absent a record presenting “a more solid basis of findings based on litigation or on a comprehensive statement of agreed facts.” Why is the grant of summary judgment more troubling in lawsuits that involve complex factual questions or proof by circumstantial evidence?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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