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?

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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

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    Lawyer agrees

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    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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