Is Summary Judgment In Employment Cases A Myth?

Law360, New York (November 16, 2009, 2:21 PM EST) -- Companies these days usually realize the importance of summary judgment in employment litigation. In fact, some employers call the summary judgment stage the "real trial," since if they lose at that stage, they most often will settle the case before it is tried before a jury. But is summary judgment winnable any more?

It sometimes feels like it is not — especially in the state court system, where judges are often not educated about employment law and seem generally reluctant to dismiss cases at preliminary stages....
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