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Jeffrey Huron Quoted in Law360 Article on Winning Summary Judgment

Two Keys: Understanding Jury Instructions, Keeping Your Opponent Guessing

May 16, 2014

Jeffrey Huron, Los Angeles-based member of the Business Litigation Practice Group whose practice focuses on litigating and arbitrating business, real estate and entertainment disputes, is quoted in a Law360 article—“Four Tips to Winning Summary Judgment”—that appears in the May 16, 2014 edition of this online legal newsletter.

While obtaining summary judgment is rare, Huron draws upon his experience to provide tips that help improve the odds. He underscores the importance of thoroughly understanding the jury instructions, as they focus on the most essential unresolved matters in a litigation.

“Before you actually start preparing the motion,” says Huron, “you should look at the jury instructions and you should make sure that you know what the elements are to each of the claims and defenses, and that there are no material facts in dispute as to each of those elements.” He adds, “If you can’t knock out all of the elements, then you’re not going to prevail.”

Huron notes that when the odds of winning summary judgment (or even partial judgment) are slim, it can be smart to forego the motion altogether. This move can keep the opposition “guessing” as to your final trial strategy.

Huron concludes, “The last thing you want to do is prepare the motion and marshal all the evidence, to simply give it to the other side right close to trial, so that you’re giving the other side a road map.”