Opposition to Defendant's Motion for Summary Judgment in an Antitrust Case

Summary

This template is an Opposition to Defendant's Motion for Summary Judgement. A plaintiff (or non-moving party) will file this response to demonstrate there are genuine disputes as to material facts and the defendant (movant) is not entitled to judgment as a matter of law. This template contains practical guidance and drafting notes. If the defendant moves for summary judgment early in the case, or before a factual record has been fully developed, consider a response under Federal Rule of Civil Procedure 56(d), which permits a court to delay consideration of the motion pending further fact development. The more specific you can be about the sources of discovery you intend to pursue and what you expect to obtain, the better your chances of obtaining a delay and additional opportunities to build a factual record in your client's favor. For a more comprehensive list of related antitrust litigation content, see Antitrust Litigation Resource Kit (Federal). For more information on bringing a summary judgment motion in an antitrust case, see the practice note Summary Judgment Motions in Antitrust Cases.