September 29, 2006
I suggest that dispositive motions only be granted where the moving party can establish that there is no possibility of proving liability.
That dispositive motions not be granted upon pleadings or where there may be disputed facts that can be established by dicovery or will be presented at the hearing. .
That the granting of a dispositive mmotion be accompanied by a reasoned decision, subject to review by the director of arbitration.
That the panel denying a dispositive motion award attorney fees and costs to the party defending such motion.