Do Nothing & Lose Automatically

Judgment is Fatal

Post 4983

Lawyer: Respond Promptly to Motion for Summary Judgment or Report Failure to Your Malpractice Insurer

In Craig Marcello, et al. v. Allied Trust Insurance Company, Civil Action No. 24-1035, United States District Court, E.D. Louisiana (January 17, 2025) Barry W. Ashe United States District Judge, held that a motion for summary judgment filed by defendant Allied Trust Insurance Company (“Allied Trust”) was set for submission on January 23, 2025. Local Rule 7.5 of the United States District Court for the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed no later than eight days before the noticed submission date, making the deadline in this instance January 15, 2025.

Plaintiffs Craig and Virginia Marcello, who WEre represented by counsel, did not file an opposition to the motion.

Judge Ashe, concluded that because the motion was unopposed and appearED to have merit, ordered that Allied Trust's motion for summary judgment was granted and Plaintiffs' claims against it were dismissed with prejudice.

ZALMA OPINION

One of the first thing a young lawyer learns is to calendar dates for filing opposition to a motion filed by the other side in a lawsuit. This case was dismissed because the lawyers for the Plaintiffs did not file an opposition to the insurer's motion for summary judgment. Only two reasons exist for such a failure: (1) There existed no facts or law that could be used to oppose the motion, or (2) counsel failed in his or her duty to represent the Plaintiffs. If the first was the reason the case is over. If the second, the Plaintiffs are not without a remedy since they can sue and recover from their lawyers.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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