Summary judgment is designed to streamline litigation by allowing courts to resolve cases without trial when there are no genuine disputes of material fact.
In business litigation, few moments are more frustrating than a bad ruling on summary judgment.
Unfortunately, trial courts sometimes grant summary judgment too quickly or without fully considering the evidence—or understanding business record keeping, key business terms, or how industry operates in reality.
When that happens, a business appeal may be the only path to justice for your business—and it can be a powerful one. But to have the best chance, your business needs a business attorney who can explain holistically to the appellate court why the trial court not only failed on the law, but failed to consider your industry and your business reality.
What Is Summary Judgment in Business Litigation?
Summary judgment allows a court to decide a case without trial if it determines there are no disputed facts requiring a jury’s or judge’s resolution. In theory, this process saves time and expense.
In practice, however, summary judgment can be misapplied in business disputes by trial courts. Judges may:
- Err by interpreting contracts too narrowly or too broadly
- Fail to understand industry norms
- Lack the time or patience to understand commercial terms of art
- Miss the complexity of your company’s operations
- Incorrectly minimize the damages impact on your business
When this occurs, a business may lose its case prematurely, in whole or in part, without ever having the chance to present its full evidence at trial.
Why Appeals Matter in Summary Judgment Cases
An appeal gives businesses the opportunity to challenge improper summary judgment rulings. Appellate courts carefully review whether the trial court correctly applied the summary judgment standard—that is, whether any genuine issues of material fact were overlooked or whether the law was misapplied.
Reversing summary judgment is not uncommon, especially in commercial cases where contracts, corporate relationships, and financial arrangements are often open to multiple interpretations. An appellate win can mean the difference between a dismissed case and the chance to fully present your claims or defenses at trial.
Business Context Is Critical
Appellate judges are highly skilled in applying standards of review, but they are not always steeped in the complexities of commercial life. A ruling that seems straightforward from a purely legal standpoint may ignore the way businesses actually operate. This disconnect is where experienced business counsel provides an essential advantage.
A business-focused appellate lawyer can:
- Illuminate industry practices – For example, in a construction contract case, counsel can show why billing disputes are normal and not grounds for dismissal before trial.
- Frame financial disputes in real-world terms – Rather than treating balance sheets and ledgers as abstract numbers, a business attorney explains how financial inconsistencies point to genuine disputes requiring trial resolution.
- Demonstrate the importance of commercial custom and usage – Courts sometimes misapply contract law by overlooking industry-specific meanings of terms. Business-focused counsel can correct that oversight on appeal.
- Emphasize credibility issues – Business disputes often involve executives, accountants, or industry experts whose credibility cannot be weighed on paper. An appellate lawyer with commercial experience can argue persuasively that such issues must go before a factfinder.
In short, appellate success often depends on showing not just that the trial court erred in applying the law, but that its error ignored how businesses actually function.
Lessons for Businesses Facing Summary Judgment
If your company has been on the losing end of a summary judgment ruling, remember:
- A summary judgment loss is not always final. Many such rulings are reversed on appeal.
- Business appeals require business insight. Not every appellate lawyer is equipped to handle commercial issues.
- Appeals protect long-term interests. Winning reversal can restore negotiation leverage, preserve valuable claims, and prevent harmful precedent from standing.
Conclusion: Turning Setbacks Into Second Chances
A premature summary judgment ruling can feel like the end of the road—but it doesn’t have to be. For businesses, an appeal is often the second chance to have your story heard and your evidence considered. With the right counsel—attorneys who understand both appellate procedure and commercial realities—you can turn a trial court setback into an opportunity to protect your rights and your business future.