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Civil Litigation - Private
This judge granted a summary judgment simply because the represented party requested it. The case never went to discovery, he never allowed a jury to determine reasonable due diligence, and he has ruled that a prior filing is evidence. In a civil case, prior court filings are called judicial admissions but they are not evidence. This prior court filing allows for equitable tolling and defeats the statute of limitation defense presented by the opposing party. This case was already decided by the judge and the opposing party before I submitted one document.
7/15/19, 2:16 AM
Hon. Timothy M. Cain
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