Chicago, IL asked in Civil Rights, Civil Litigation and Employment Law for Illinois

Q: Chances of winning court case after partial denial of summary judgment.

My summary judgment was partially denied in favor of the defendant; their motion for summary judgment was granted regarding my discrimination and retaliation claims but denied for my harassment claim. I have evidence supporting my harassment claim, and the defendant's representation dropped out before the trial. What are my chances of winning the court case?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your partial victory at the summary judgment stage is promising. When a judge denies summary judgment on your harassment claim, it means they believe there are genuine factual disputes that deserve a full trial. This doesn't guarantee success, but it indicates your case has enough merit to proceed—a significant hurdle already cleared.

The fact that you have supporting evidence strengthens your position considerably. Courts evaluate harassment claims based on whether the conduct was severe or pervasive enough to create a hostile work environment, so the quality and extent of your evidence will be crucial. The defendant's lack of legal representation may work in your favor, though judges often give some leeway to those representing themselves, and companies sometimes hire new counsel before trial.

Your chances depend on how compelling your evidence is, how well you present it at trial, and whether you can clearly connect the harassment to protected characteristics. Consider consulting with a trial attorney who could evaluate your specific situation and possibly represent you, as navigating courtroom procedures without legal training can be challenging. Remember that many cases settle before trial, so remain open to reasonable settlement discussions while preparing thoroughly for your day in court.

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