In his New York Practice column, Patrick M. Connors, a professor at Albany Law School, writes that requiring the plaintiff moving for partial summary judgment on liability to affirmatively establish complete freedom from comparative fault, while allowing defendant to simply contend that plaintiff has committed at least some culpable conduct, appears to tilt the scales too favorably for the defendant.
Can Comparative Fault Stop the Train Known as Summary Judgment?
New York Law Journal
January 16, 2013
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