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« Conference & CLE Calendar | Main | Hybrid Audio, LLC v. Visual Land, Inc. (C.D. Cal. 2018) »

June 03, 2018

Comments

I would greatly like to hear Michael's and his readers' comments on the suggestion in the opinion that it may be easier for a defendant to prevail on a Rule 56 summary judgment motion than on a Rule 12 motion. Given such cases as Twombly and Iqbal, does Rule 56 provide an end run around Aatrix and Berkheimer? And would plaintiff's affidavits overcome that?

Mr. Stern,

Does it not depend to no small degree to whom any averments must be taken in favor of?

If the facts (and pleadings) are to be taken as true as to one party or the other, then whether or not the topic here (factual basis of a legal question) comes into play, and for whom would the case be easier, are directly related, N'est ce pas?

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