Court Denies Summary Judgment Motion as Premature

PROVIDENCE, R.I. -- A Rhode Island court has denied as premature a motion for summary judgment in which Caterpillar claimed that the plaintiffs failed to establish product identification. Clayton, et al. v. American Biltrate, et al., No. C.A. No. PC 05-4090 (R.I. Super. Ct.).

In the July 29 decision, the Rhode Island Superior Court also issued a general note in which it warned defendants that if they file summary judgment motions before responding to reasonable discovery requests, they "do so at their own peril."

In its order, the court emphasized that the motion was denied without prejudice and said that …