What is an argument for an error on a Plaintiffs Amended complaint, in response to a summary judgment?

Asked 11 months ago - Chicago, IL

What can be argued if the moving party uses a flagrant mistake on an amended complaint as a reason for summary judgment?

Additional information

Also, can the amended complaint be referenced in other arguments for summary judgment or would the whole complaint be moot

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20


    Lawyer agrees


    Answered . The moving party must be able to prove all the "material" allegations at a summary judgment hearing so as to create a genuine issue that only a trier of fact can solve.

    That is the kjey. If there is a flagrant mistake and it is "material" to the cause of action, then summary judgment cannot be granted.

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