![]() ![]() ![]() This is an ideal case for summary judgment. The wording of the written contract between Rep and Manufacturer, however, is not clear and could be interpreted to mean that Rep is owed commissions after his termination or that he is only owed them up until the point of his termination. Manufacturer and Rep agree on the material facts of the case (the terms of the written contract when Rep was terminated the Rep’s commission rate and, most importantly, the monies Manufacturer received after it terminated Rep from customers Rep introduced to Manufacturer). Rep sued alleging that he should be paid commissions after the termination of the agreement from customers he introduced to Manufacturer. Manufacturer terminated the contract and claimed that Rep was not owed commissions after the termination. Here are examples of a case appropriate for summary judgment and one not appropriate for summary judgment:Īppropriate Case for Summary Judgment: Manufacturer and Sales Representative (“Rep”) entered into a written contract for the payment of commissions. So, this answer is an over generalization and an over simplification.) In a nutshell, if none of the facts which make a difference to the outcome of the case are in dispute, the judge can grant a summary judgment which he or she will do by applying the law to the undisputed facts. Q: When will a Tennessee trial judge grant a summary judgment?Ī: (In answering this question, I intend to stay away from legalese and from an in-depth and technical discussion about the standard for summary judgment in Tennessee. I have been involved in quite a few cases where I represented a plaintiff, filed a motion for summary judgment, and the judge ruled that my client should be granted a summary judgment. However, plaintiffs (the parties who file lawsuits) may also file motions for summary judgment. In my practice, which is typical of most Tennessee trial lawyers with whom I have spoken, summary judgment motions are filed most of the time by defendants seeking to dismiss claims filed against them or some of the claims filed against them. It happens frequently that a party will file a motion for summary judgment on all claims, and the court will dismiss only some of the claims. If the judge grants the motion for partial summary judgment and dismisses the fraud and intentional interference with contract claims, then only the breach of contract claim will proceed to trial. For example, if a plaintiff has filed a complaint with three causes of action like breach of contract fraud and intentional interference with contract, the defendant may file a motion for partial summary judgment asking the judge to dismiss the fraud and intentional interference claims, but not the breach of contract claim. A motion for partial summary judgment requests that the judge end the case just as to some of the claims or causes of action by dismissing them, but not as to all of the claims or causes of action. ![]() With some frequency, parties to a lawsuit will file motions for partial summary judgments. Summary judgments (and summary judgment motions) fall into two broad categories: (1) Summary judgments (which are entered as the result of motions for summary judgment) and (2) partial summary judgments (which are entered as the result of motions for partial summary judgment). If a summary judgment is entered by the judge, then, barring a reversal of that ruling, the case will never go to trial before a judge or jury. The concept of a summary judgment is a pretty simple thing. In many, if not most, of the cases in which I am involved, I end up explaining to clients what a summary judgment motion is and how a summary judgment might affect their case. ![]()
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