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Court: Summary judgment at rule 9 hearing was improper (access required)

Posted: 3:45 pm Wed, November 21, 2012
By Jane F. Pribek

Characterizing rule 9 of the Rules of General Practice as “a detailed framework for addressing suspected frivolous litigation,” the Court of Appeals last week held that a District Court took an erroneous shortcut by contemporaneously deciding both a rule 9 motion seeking sanctions and sua sponte granting summary judgment.
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