Summary Judgment & Provisional Remedies

Overview

This lecture covers the mechanisms by which courts can remove cases from the jury—specifically, summary judgment, judgment as a matter of law, and renewed motions for judgment as a matter of law (JNOV). It also addresses provisional remedies, such as temporary restraining orders and preliminary injunctions, focusing on the standards and procedures for granting emergency relief before a final judgment.

Taking Cases from the Jury

• Courts have several tools to end cases before a jury verdict:
  • Rule 12(b)(6): Motion to dismiss for failure to state a claim, based solely on the pleadings. If granted, the case ends before any evidence is presented.
  • Summary Judgment (Rule 56): Granted when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. The key is whether a reasonable jury could rule for the nonmoving party, based on the evidence gathered during discovery.
  • Judgment as a Matter of Law (Rule 50): Can be made during or after trial if, after a party has been fully heard, no reasonable jury could find in their favor. This can occur after the plaintiff rests or after all evidence is presented.
  • Renewed Motion for Judgment as a Matter of Law (JNOV/Rule 50b): Made after a jury verdict, but only if a Rule 50(a) motion was made earlier. This allows the judge to overturn the jury’s verdict if no reasonable jury could have reached that result.

Fact Disputes and Legal Standards

• For a case to go to a jury, there must be a genuine dispute over a material fact—one that could affect the outcome.
• If there is zero evidence on an essential element of a claim, the judge can decide the issue as a matter of law.
• A mere “scintilla” (a very small amount) of evidence is not enough to avoid summary judgment if no reasonable jury could rule for that party.
• The judge’s role is not to weigh evidence or decide credibility, but to determine whether a reasonable jury could find for the nonmoving party based on the evidence.
• The standard is consistent across summary judgment and judgment as a matter of law: whether a reasonable jury would have a legally sufficient evidentiary basis to find for the party.

Trial and Post-Trial Motions

• After the plaintiff presents their case at trial, the defendant may move for judgment as a matter of law if the plaintiff failed to present evidence on an essential element.
• If the judge denies this motion, the case proceeds and the jury issues a verdict.
• After a jury verdict, the losing party may file a renewed motion for judgment as a matter of law (JNOV/Rule 50b), but only if the motion was made earlier during trial (Rule 50a). This is required to preserve the right under the Seventh Amendment, which protects the jury’s role.
• The judge may grant JNOV if no reasonable jury could have reached the verdict given the evidence.
• Judges sometimes use the threat of JNOV or a new trial as leverage to encourage parties to settle or accept a reduced award, especially if the evidence supporting the verdict is weak.

Provisional Remedies

• Provisional remedies are court orders issued before a final judgment to secure assets or prevent harm, ensuring that a final judgment will be meaningful.
• Common types include attachment, garnishment, sequestration, and temporary restraining orders (TROs).
• These remedies are extraordinary because they can deprive a party of property or restrict conduct before any final decision on the merits.
• Courts require strict procedural protections, including notice and an opportunity to be heard, to satisfy due process. In some cases, a plaintiff must post a bond to protect the defendant from wrongful deprivation.
• Provisional remedies are justified when there is a risk that the defendant will hide or dissipate assets, or when irreparable harm may occur before the case is resolved.

Temporary Restraining Orders & Preliminary Injunctions

• Temporary Restraining Orders (TROs):
  • Emergency orders that can be issued without notice to the opposing party (ex parte) if immediate and irreparable harm is threatened.
  • Require a strong showing of urgency and specific facts demonstrating the need for immediate relief.
  • TROs are short-term and are often followed by a hearing on a preliminary injunction.
• Preliminary Injunctions:
  • Issued after notice and a hearing, and remain in effect until the case is decided on the merits.
  • Both TROs and preliminary injunctions require the court to consider four factors:
    1. Likelihood of success on the merits.
    2. Risk of irreparable harm if relief is not granted.
    3. Balance of equities (weighing the harm to each party).
    4. Public interest.
  • The first two factors—likelihood of success and irreparable harm—are especially important. Even if success on the merits is likely, preliminary relief is not granted unless irreparable harm is shown.
  • The public interest factor allows courts to consider the broader impact of their orders, beyond the immediate parties.

Examples and Case Discussion

• Detroit Will Breathe v. City of Detroit:
  • Protesters sought a TRO to prevent police from using excessive force during demonstrations.
  • The court considered evidence such as videos and witness statements, and found a likelihood of success on First and Fourth Amendment claims.
  • The court found irreparable harm in the ongoing violation of constitutional rights, and balanced the equities by noting that police could still use lawful means to maintain order.
  • The public interest favored protecting constitutional rights, even in the face of competing interests from business owners and the general public.
• Winter v. NRDC:
  • Environmental groups sought a preliminary injunction to stop the Navy from using sonar during training exercises, arguing it harmed marine life.
  • The Supreme Court emphasized that all four factors must be satisfied, especially likelihood of success on the merits and irreparable harm.
  • The Court held that even if the plaintiffs were likely to succeed, they also had to show that harm could not be remedied by money damages or later relief.
  • The public interest, including national security concerns, played a significant role in the Court’s analysis.

Key Terms & Definitions

• Summary Judgment (Rule 56): Court decision before trial if no material fact is in dispute and the moving party is entitled to judgment as a matter of law.
• Judgment as a Matter of Law (JMOL, Rule 50): Judge decides the case during or after trial because no reasonable jury could rule otherwise.
• JNOV (Judgment Notwithstanding the Verdict, Rule 50b): A renewed motion for judgment as a matter of law after a jury verdict, overturning that verdict.
• Provisional Remedy: Temporary relief before final judgment to secure assets or prevent harm, such as attachment, garnishment, or sequestration.
• Temporary Restraining Order (TRO): Emergency court order prohibiting certain actions for a short period, sometimes issued without notice.
• Preliminary Injunction: Court order in effect until final judgment, stopping or requiring certain actions, issued after notice and a hearing.
• Material Fact: A fact that could affect the outcome of the case.
• Scintilla of Evidence: A very small amount of evidence; not enough to avoid summary judgment if no reasonable jury could rule for that party.

Action Items / Next Steps

• Review Federal Rules of Civil Procedure: 12(b)(6), 56, 50, 64, and 65, focusing on the language and requirements of each.
• Prepare to discuss the public interest factor in preliminary injunctions and how courts balance competing interests.
• Read the Winter v. NRDC opinion closely to understand the Supreme Court’s approach to preliminary injunction standards and the interplay of the four factors.
• Consider how courts use provisional remedies to protect parties’ rights and the potential due process concerns involved.
• Be ready to analyze additional case examples and hypotheticals involving emergency relief and the removal of cases from the jury.