What Are the Odds of Winning Summary Judgement?

Understanding the Odds: Success Rates of Summary Judgment Motions

Summary judgment motions are a critical phase in litigation, determining whether a case proceeds to trial or is resolved beforehand.

The likelihood of winning a motion varies significantly based on the type of case and jurisdiction. Below is a breakdown of success rates across different legal categories, illustrating the trends and challenges litigants face.

How Common Are Summary Judgment Motions?

Summary judgment motions are not filed in every case, but they are a frequent strategy in federal courts. In fact, 17% of federal cases involve summary judgment motions, with 64% of these motions being granted (either fully or partially), while 36% are denied.

Winning Summary Judgment: How Case Type Impacts Success Rates

Summary judgment plays a crucial role in litigation, determining whether a case moves forward to trial or is resolved early. The likelihood of winning depends largely on the practice area, as different cases involve varying burdens of proof, evidentiary standards, and legal complexities.

In the following section, we examine the success rates of summary judgment motions across key areas of law and what factors influence the outcomes.

Personal Injury: Why Summary Judgment Is Hard to Win

Personal injury cases often hinge on disputed facts, such as whether a defendant was negligent or if a plaintiff contributed to their own injuries.

Because these issues are typically decided by juries, courts are reluctant to grant summary judgment unless the evidence overwhelmingly supports one side.

Despite this, summary judgment is granted fully in 41.8% of personal injury cases, partially in 14.8%, and denied in 43.4%.

Key Factors That Influence Success

• Reasonableness Standard: Courts assess whether a defendant’s actions were reasonable, a fact-intensive question that often requires a jury decision.
• Causation and Damages: Plaintiffs must present clear evidence linking their injuries to the defendant’s actions.
• Expert Testimony: In cases like medical malpractice, expert opinions are crucial in either supporting or defeating summary judgment.

Even though summary judgment is difficult to win in personal injury cases, strong evidentiary support can still lead to early case dismissal.

Commercial Litigation: A Legal Battlefield for Summary Judgment

Contract disputes, business torts, and statutory claims often involve legal interpretations rather than factual disputes, making summary judgment a common strategy in commercial litigation.

Courts are more likely to grant these motions when contract language is unambiguous or when one party cannot establish a clear breach.

In contract cases, summary judgment is granted fully in 35.1% of cases, partially in 22.6%, and denied in 42.3%.

Key Factors That Influence Success

• Contract Clarity: If a contract’s terms are straightforward, courts can decide the case without trial.
• Breach and Damages Proof: Plaintiffs must provide solid evidence of breach and resulting financial losses.
• Strong Documentary Evidence: Emails, invoices, and internal communications often determine whether a case is resolved at the summary judgment stage.

Because commercial cases frequently turn on legal arguments rather than factual disputes, summary judgment is a powerful tool for businesses looking to avoid lengthy litigation.

Employment Law: Why Employers Win More Often

Employment discrimination and wrongful termination cases see some of the highest success rates for defendants seeking summary judgment.

Courts often rule that plaintiffs fail to provide enough evidence of intentional discrimination, a key requirement in cases under Title VII and related laws. Summary judgment is fully granted in 49.2% of employment discrimination cases, partially in 23.3%, and denied in only 27.5%.

Key Factors That Influence Success

• Burden of Proof on Employees: Plaintiffs must show strong evidence that their employer’s justification for an adverse employment action was a pretext for discrimination.
• Statutory Interpretation: Wage disputes and employee misclassification cases are often resolved based on legal definitions, making them suitable for summary judgment.
• Employer Defense Strategies: Defendants frequently undermine one key element of the claim, making it easier for courts to rule in their favor.

Since courts require substantial proof of discriminatory intent, summary judgment often favors employers in these cases.

Insurance Defense: When Policy Language Controls the Outcome

In insurance litigation, summary judgment is often used to resolve coverage disputes and policy exclusions. These motions are typically granted when policy language is clear and an insurer can show that a claim falls outside the policy’s terms.

Summary judgment is granted fully in 33.7% of insurance-related cases, partially in 24.5%, and denied in 41.8%.

Key Factors That Influence Success

• Unambiguous Policy Terms: If an insurance policy clearly excludes a claim, summary judgment is likely.
• Bad Faith Allegations: Courts scrutinize whether an insurer handled a claim fairly before granting summary judgment.
• Factual Disputes Over Coverage: If there is uncertainty about the cause of loss, courts may require a full trial.

Insurance companies rely on summary judgment to avoid unnecessary trials, especially when they can demonstrate that policy terms exclude coverage.

The likelihood of winning summary judgment depends on whether a case is driven by factual disputes or legal interpretations.

• Hardest Cases to Win Summary Judgment: Personal injury and employment cases, where credibility and intent are often disputed.
• Easiest Cases to Win Summary Judgment: Contract and insurance disputes, where the outcome depends more on written agreements and policy terms.

Understanding these trends helps litigants and attorneys decide whether to pursue summary judgment or prepare for trial.

Whether you are defending against a claim or seeking early case resolution, knowing how courts approach summary judgment in different areas of law is critical for legal strategy.

1. Prepare Early and Stay Disciplined

Winning a summary judgment motion starts long before it is filed. Proper preparation ensures that all critical evidence is gathered, and the legal arguments are solid.

• Plan depositions, discovery, and expert witness testimony well in advance.
• Keep summary judgment rules and deadlines in mind from the start of the case.
• Focus on the key legal issues that are most likely to sway the judge.

2. Take the Lead—Do Not Wait for the Opponent to Build Their Case

Summary judgment is all about convincing the judge that no trial is necessary because the facts overwhelmingly support your position.

To do this:

• Take key depositions early before the opposing party is fully prepared.
• Catch witnesses or opposing counsel off-guard to obtain strong admissions.
• Build a record of clear, uncontested facts that support your motion.

3. Anticipate the Jury’s Questions

Even though summary judgment is decided by a judge, thinking like a jury helps craft a stronger argument.

• Identify which unresolved issues would matter most to a jury at trial.
• Use evidence and arguments to eliminate those uncertainties in your motion.
• Look at jury instructions to understand what elements need to be proven and how to structure your case.

4. Keep It Clear and Concise—Do Not Overcomplicate

A strong summary judgment motion should be direct, persuasive, and fact-focused. Judges prefer well-organized arguments that get to the point.

• Focus on essential elements of the claim or defense, rather than telling a story.
• Use simple, clear language to make legal points easy to understand.
• If opposing summary judgment, highlight the weakest points in the motion and argue why the case requires a trial.

5. If You Are the Defendant—Find Documents That Can Block the Motion

Defendants have a strong opportunity to defeat summary judgment by identifying key documents or factual disputes that prevent an early ruling.

• Locate evidence that creates a genuine dispute of material fact.
• If certain documents or facts are disclosable only at trial, the plaintiff cannot win summary judgment.
• Show that the opposing party’s case is incomplete or lacks essential elements.

By following these strategies, you can strengthen your motion for summary judgment or effectively oppose one when necessary.

The key is to stay prepared, focus on the most important issues, and present clear, persuasive arguments tailored to the judge’s expectations.

Why Choose Our Firm for Summary Judgment Success?

Securing summary judgment requires a deep understanding of legal strategy, procedural rules, and judicial tendencies.

Whether you're looking to dismiss a case before trial or challenge an opponent's motion, our attorneys bring precision, experience, and results-driven advocacy to every case.

Specialized Knowledge and Strategic Advantage

• Our attorneys have published legal articles and conducted training sessions on summary judgment strategies, educating other legal professionals on best practices.
• We tailor arguments to individual judges, leveraging insights into their past rulings and preferences when drafting motions and responses.
• We stay ahead of case law developments that influence summary judgment rulings, ensuring our legal arguments align with the latest judicial trends.

A Results-Driven Approach to Every Motion

We do not take a one-size-fits-all approach. Instead, we craft customized, evidence-backed arguments that maximize your chances of winning.

Whether you need to file a motion or oppose one, our team works aggressively to protect your interests and achieve the best possible outcome.

If you're facing a summary judgment motion or considering filing one, contact us today for a consultation. Our strategic legal team is ready to fight for you.

What happens at a summary judgment hearing?

At a summary judgment hearing, both sides present legal arguments to the judge, who reviews evidence and determines whether any material facts are in dispute. If no genuine disputes exist, the judge may grant summary judgment, resolving the case without a trial. If disputes remain, the case proceeds to trial.

How much does a summary judgment motion typically cost?

The cost of a summary judgment motion varies based on case complexity and attorney fees, typically ranging from $5,000 to $20,000. Cases involving extensive discovery or expert witnesses may incur higher costs. Clients should discuss estimated fees with their attorneys.

What’s the difference between full and partial summary judgment?

The difference between full and partial summary judgment is that a full summary judgment resolves the entire case, eliminating the need for a trial. A partial summary judgment decides specific legal issues but allows the rest of the case to proceed, narrowing the focus for trial.

Can I appeal if my summary judgment is denied?

You cannot appeal if your summary judgemnt is denied, you must wait until the final case ruling. In rare cases, an interlocutory appeal may be allowed if the issue significantly impacts the trial’s outcome.

How long does the summary judgment process take?

The process typically takes three to six months, depending on court schedules, case complexity, and legal arguments. Delays may occur in federal courts or jurisdictions with heavy caseloads.