To Weigh Credibility, or Not to Weigh Credibility; That is the Question

According to the recent Order issued by the Michigan Supreme Court in Price v Austin, the longstanding basic principle that a non-movant cannot preclude summary disposition based on nothing more than unsupported assumptions and speculations might be something of the past. The Michigan Supreme Court majority found that since there was a possibility that a jury could call into question the credibility of Defendant’s testimony, summary disposition should not have been granted. Given the foregoing, the likelihood of obtaining summary disposition for defendants relying on their own testimony in support of same just got that much more difficult, if not impossible.

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