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Civil Procedure – Summary judgment

By: WISCONSIN LAW JOURNAL STAFF//February 9, 2015//

Civil Procedure – Summary judgment

By: WISCONSIN LAW JOURNAL STAFF//February 9, 2015//

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U.S. Court of Appeals For the Seventh Circuit

Civil

Civil Procedure – Summary judgment

Where the court granted summary judgment in favor of a non-moving party, without opportunity to respond, the grant of summary judgment must be vacated.

“The price a litigant pays for filing a flawed or unconvincing motion for summary judgment ordinarily is denial of the motion, not loss of the case. But the district court in this case appears to have treated the lack of sufficient evidentiary support for the motion as a reason to enter summary judgment against the movant. See Hotel 71 Mezz Lender LLC v. Nat’l Retirement Fund, 9 F. Supp. 3d 863, 873-74 (N.D. Ill. 2014). The court did so in the absence of a cross-motion for summary judgment on the issue that it found to be dispositive, and without first giving the unsuccessful movant notice that it was entertaining the possibility of entering summary judgment against it or the opportunity to respond. Because we are not convinced that the movant had no plausible arguments to make in opposition to an adverse grant of summary judgment, we vacate the judgment and return the case to the district court for further proceedings.”

Vacated and Remanded.

14-2034 Hotel 71 Mezz Lender, LLC, v. The National Retirement Fund

Appeal from the United States District Court for the Northern District of Illinois, Castillo, J., Rovner, J.

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