Won a motion for summary judgment today for our client in one of our few contingency personal injury cases.
It was a tough motion on an area of law that was bad for us. The judge's tentative was against us on every point (including on some bogus points). We would have lost but for one thing: the defendant tried to sandbag us with new evidence in their reply brief, which is inappropriate on summary judgment. Based on that we convinced the judge to let us file a sur-reply. Based on the sur-reply we won—in part because of our own new evidence, but mostly because the sur-reply let us target the judge's concerns in the tentative and led to the judge (or the clerk) taking a new look at our arguments.
Karma's a bitch. And sandbagging, whatever its occasional benefits, is perilous. I might have mentioned that to opposing counsel when he gave me attitude in the hall.
Last 5 posts by Ken White
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