from the article –

…from the failure to proffer necessary documents. It is well known that the opponent to a summary judgment motion must offer admissible proof that a question of fact exists. The opponent of a motion to dismiss an auto case for lack of serious physical injury must offer the affidavit of a physician, and that affidavit must set forth some objective proofs of the injury.

…the failure to sue a specific individual, the failure to add certain claims to the complaint, the choice of witnesses, the choice of evidence to include on a motion or at trial, the failures of discovery, investigation questions at deposition…

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