Summary Judgment Question

[Cryuff14]

What is the name of your state (only U.S. law)? VA

In the Eastern District Court of VA, Alexandria; (this case concluded in Oct 2007)

We were defendants (pro se) in a counterfeit trademark infringement action. Discovery closed nearly two months previously. We were three work days away from a jury trial on infringement when plaintiff files a motion to non-suit certain claims. The court calls to set up a 'phone conference' the day prior to plaintiff filing this motion. During the phone conference, we point out to the court, again that the plaintiff has no evidence of any kind to support it's claim of infringement of plaintiff's mark. Plaintiff's attorney in response to this replies:

Plaintiff's counsel: "What I might do -- and I'd have to think this through your honor. I'm just throwing this out as a possibility. Perhaps we move -- if it's not there, we move for summary judgment on it. If we don't get it, that's the end of it. It's either there or it's not."

Does this make any sense? It would not be a properly supported motion if there were no evidence in the court record, right?

 

[Rexlan]

If you are confident of you case You should consider a Motion for Summary Judgment yourself based on the evidence in the record.

If you lose, you still have an opportunity to go to trial.

They in turn will probably counter with a motion of their own and, at a minimum, will need to defend against yours. If they lose theirs they will probably fold.

You are better to have it resolved than to have then non-suit and bring it up again when they are not asleep and let discovery close.

 

[Ronin]

OP states this case ended in 2007, so not sure what the point of the question is Except that possibly OP should have motioned for summary judgment, as already stated.