Friday, November 4, 2011

11th Circuit Not Sure Why SJ Granted.

I can't really tell, but that's the gist of the Court's opinion regarding MD FL Magistrate Judge Klindt's grant of summary judgment in a broker procurement case:
The evidence presented in this case creates a triable issue of fact as to whether the investment opportunity FourWinds pursued with Nemus was materially different from that presented to it by BKR. Such a question of fact cannot be decided as a matter of law. It is for a jury to decide.

There is not a single case cited by the district court to support its conclusion that the facts of this case are controlled by law. Nor do the parties cite any cases holding that this case may be decided as a matter of law. There is a reason for this. There are no such cases.
Translation:  WTF were you thinking???

Have a great weekend folks!


Anonymous said...

Question: Why was this opinion published? There is nothing notable about it, in my view, apart from its being a semi bench-slap.

Anonymous said...

True dat

Anonymous said...

SOFLA: thanks for another great week of blogging. Your posts were very funny and informative!

Shoot The Lawyers said...

I suspect that motions for summary judgment are improperly granted quite frequently in federal court and no one appeals because of the cost. An efficient way to unclutter the docket. If a judge thinks the case is meritless, grant the msj and adios. Maybe the 11th is sending a subtle message by publishing something that ordinarily would never see the light of day. Just my completely biased opinion.

Anonymous said...

I don't understand. How was this summary judgment different from 90 percent of the summary judgments entered in federal court every day?