Comments on: Lott v. Levitt, Part VI https://www.overlawyered.com/2006/07/lott-v-levitt-part-vi/ Chronicling the high cost of our legal system Wed, 28 May 2008 17:28:52 +0000 hourly 1 By: Jake https://www.overlawyered.com/2006/07/lott-v-levitt-part-vi/comment-page-1/#comment-3456 Tue, 11 Jul 2006 21:40:08 +0000 http://overlawyered.com/wpblog/?p=3699#comment-3456 Local federal district court rules that impose unreasonable page limits on briefs, or otherwise require leave of court before a summary judgment motion can be filed, are essentially unlawful and defeat the intended purpose of summary judgment.

An emergent trend in the Fed. R. Civ. P. is amendments that limit the ability of district courts to prescribe local rules that turn the federal judiciary into 93 fiefdoms, spawning inconsistent results and uncertainty. Rule 56 is long overdue for such an overhaul.

]]> By: Smurf https://www.overlawyered.com/2006/07/lott-v-levitt-part-vi/comment-page-1/#comment-3455 Tue, 11 Jul 2006 15:20:57 +0000 http://overlawyered.com/wpblog/?p=3699#comment-3455 Is it my imagination, but is this a response to a 12(b)(6) motion that doesn’t even cite the applicable legal standards? I guess we all know them, but even district courts are apt to make mistakes. (As mentioned in your post the standards favor Lott.)

It reads more like a press release than a document that should be before a court.

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