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Nearly seventy-five years after its birth, the time has come to bury summary judgment. The funeral should be swift, dignified, and joyous. The autopsy would reveal that the cause of death was abuse and overuse by my federal judge colleagues. Summary judgment abuse and overuse occurs in all types of cases, but is especially magnified in employment discrimination cases. This problem is exacerbated by the daily ritual of appellate courts affirming summary judgment grants to employers, often without comment, at a rate that far exceeds any other substantive area of federal law. These beliefs are based on my four-decade career in employment discrimination as a trial and appellate lawyer (for both employees and employers), adjunct law professor, author, speaker, federal magistrate judge, and district court judge. Unfortunately, my colleagues have become increasingly unfriendly toplaintiffs' employment …