Summary Judgment: Delicious or Sour?

|The Volokh Conspiracy |

A funny opening from Judge Selya's opinion in Mandel v. Boston Phoenix, Inc. (1st Cir. 2006):

The oenologist's creed teaches that we should drink no wine before its time. Much the same principle applies to summary judgment; it is a deliciously helpful device if properly timed, but one that can leave a sour taste if brought to bear on an insufficiently fermented record.