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Perspective

Apr. 3, 2010

9th Circuit's Take on Successive Summary Judgment Motions

Damon Rubin examines the 9th Circuit's ruling that district courts may entertain successive summary judgment motions irrespective of the motion's legal context.

By Damon Rubin

In January, the 9th Circuit U.S. Court of Appeals held explicitly for the first time that district courts have discretion to entertain successive summary judgment motions, irrespective of the legal context of the motion. Hoffman v. Tonnemacher, 593 F.3d 908 (9th Cir. 2010). In doing so, the 9th Circuit joined five other circuits. The Hoffman court made clear that a district court's denial of a summary judgment motion does not bar a later contr...

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