Please read up a little on how lawsuits work and you will realize that the granting of a motion to dismiss or summary judgement are both PROCEDURAL rulings that have no effect on the SUBSTANCE or merits of the actual case. On a motion to dismiss, a judge's decision that there would be a legal remedy available (IF and assuming the claims are true) says nothing regarding the potential success of the ultimate trial proceeding. Same goes for a summary judgement motion when the judge decides that there are enough material facts in dispute to go to trial. Procedure v. substance is an important distinction missed by many outside of the legal profession.
What you said is true.
BUT, in this context, most of the "facts" as will be determined in this contract dispute will be in physical evidence as found in Discovery, and will do little with testimony.
Thus, this summary judgment motion is a heavy one. If SIGA loses it, a settlement is forthcoming.
- Lawyer too.
Thank you for an intelligent counter-argument. You make a fair point, however, too many PIP shareholders out there refer to these motions as evidence of PIP's strong claim.
For the guy who didn't like my ALL CAPS and wants me to go back to my SIGA board - take a lesson from your buddy here - telling me that "there is a case" is like saying "there will be a super bowl this year" - thank you, Captain Obvious.
i know enough about the law to know that if the defendant gets a ruling in its favor for summary judgement to dismiss this case - it is just about over for pip -meaning that there was NO bases to bring the case based on the filings and facts in the case. I am simply saying that granting the motion to proceed means there are FACTS IN DISPUTE THAT MUST BE HEARD AND RULED ON.
not a lawyer
In a normal 12(b)(6) situation, I'd say you're correct and that this was purely procedural.
But here, this is the second SJ motion. Discovery is done. Thus, the SJ motion will basically lead to the outcome, as this judge will sit as fact finder and in law, as there is no jury. In this contract dispute, this SJ motion will basically lead to the winner.
No way would the judge deny a motion for SJ, then right away rule for the filer of the SJ without new information, and trial will not produce that as Discovery has already yielded all the fruits available.