Blog - Summary Judgement

Posted on May 25, 2021 by Marty Aisenberg

That’s an unkind title, I know.  But really, when the plaintiff’s attorney submitted a pharmacist’s affidavit in opposition to a physician’s motion for summary judgment (which was supported by a physician’s affidavit), what did he think was going to happen?

Posted on August 18, 2020 by Marty Aisenberg

If that headline made you blink, don’t worry – you read it correctly, and it accurately states what happened.  The case is Markel v. Douglas Technologies Group, https://ecf.ca8.uscourts.gov/opndir/20/08/192637P.pdf (8th Cir.

Posted on March 10, 2020 by Marty Aisenberg

The importance of expert opinion (offered either by affidavit or in deposition testimony) in summary judgment practice cannot be overstated.  We have previously written about this in a number of different contexts: medical malpractice (https://www.videntpartners.com/blog/2019/medical-expert’s-affidavit-opposition-summary-judgment-fails-establish-triable-issue), health insurance coverage (

Posted on December 3, 2019 by Marty Aisenberg

Surprisingly, the Wisconsin Supreme Court recently split 5-4 on this seemingly noncontroversial question.  The case is Strauss v.

Posted on March 12, 2019 by Marty Aisenberg

This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment.  The case is Fernandez v. Alexander (Calif. Ct.

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