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  1. #1
    Join Date
    Nov 2007
    Posts
    5

    Default Odds of Winning an Appeal of a Summary Judgment

    What are the odds of winning an appeal of Summery Judgment?

    I have a case that seemed so stong, the lawyers not only took it on contingency, they even paid for court cost but I will be responsable if they loose. Which at this point, they did. They hired experts, and had depostions that have now cost more then a luxury car! We were getting close to setting when the other sided requested a summery judgment. To everyone's surprise he granted the judgment in thier favor and I am now stuck with either a 25,000 or more cort cost to walk away or stay and fight.

    They are so sure the judge didnt read the facts carfully becuse they specalize in an area he only has a general understanding on that they have offered me to appeal on contingency, but here is the catch, they want me now to pay an expert out of pocket charging $25,000 who would oversee thier work since he specalizes in Appeals.

    My questions is what are the odds of overturning this judment so we can settle or go to trial?

    I should point out that I have read both sides arguments and the judges decision. To my surprise, the other side really put together an elegant story line that seems very plausable but leaves out a lot of facts. My side just seemed to ramble quoting my statmenst way too often and it wasnt till I got to the actual case law he listed that it really seemed like he was right. It looks like the judge just looked at the first part. I was told by a friend that summery judgments are often overturned because they spend more time reviewing the facts and it by a 3 judge panel. I believe the facts are in my favor just the story was not very well written. What do you think are the odds of winning if I appeal? Better yet, what would you do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,621

    Default Re: Odds of Winning an Appeal of a Summary Judgment

    Nobody here can do more than give you general odds, which aren't even consistent from state to state or between types of case. The figure which gets tossed around a lot, but which seems to be based upon impressions and not actual analysis of case law, is that lower courts are affirmed (meaning the appellant loses) between 80 and 95% of the time.

    Nobody here can give you odds relevant to your case, as your chances of appeal depend upon many factors, including the facts of your case, what's in the lower court record, the mistakes allegedly made by the court, whether those mistakes are material to the outcome, whether the mistakes are of fact or law, and the standard of review which would be applied by the appellate court.

  3. #3
    Join Date
    Nov 2007
    Posts
    5

    Default Re: Odds of Winning an Appeal of a Summary Judgment

    I seem to have read on another board that appellate courts don’t really like summery judgments and they are much more likely to be overturned then a jury trial. Someone suggested 25% or higher get overturned at this stage IF it is taken to an appeal. Does that sound like a reasonable statement?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,621

    Default Re: Odds of Winning an Appeal of a Summary Judgment

    In my state, the Court of Appeals seems to like them just fine.

    There's a Michigan judge who likes to say that the wars happen in the trial court, the Court of Appeals bayonettes the wounded, and the Supreme Court counts the bodies.

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