Tag Archives: Summary judgment

Fifth Circuit Reverses District Court On Termination of Temporary Employees.

24 Monday Aug 2015

Posted by in 5th Circuit Court of Appeals, Employment Law, Litigation, Summary judgment, Workers' Compensation, Wrongful Termination

≈ Comments Off on Fifth Circuit Reverses District Court On Termination of Temporary Employees.

Tags

, , , , ,

Fifth Circuit Reverses Western District for Making Credibility Determinations, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/nk7tmln

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how to apply the summary judgment standard. . . .

Continue reading →

Casino Valet Service Not Liable For Returning Car To Intoxicated Driver.

08 Tuesday Jul 2014

Posted by in Damages, Litigation, Pennsylvania Superior Court, Summary judgment

≈ Comments Off on Casino Valet Service Not Liable For Returning Car To Intoxicated Driver.

Tags

, , , , , , ,

No Liability for Valet Service for Returning Car to Visibly Intoxicated Patron, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/07/no-liability-for-valet-service-for.html

In its recent decision in the case of Moranko v. Downs Racing LP, 2014 Pa.Super. 128 (Pa. Super. June 24, 2014 Panella, J., Mundy, J., and Platt, J.)(Op. by Panella, J.), the Pennsylvania Superior Court held that Pennsylvania law does not impose a duty upon a casino’s valet service to withhold the keys from a motorist if that person appears to be visibly intoxicated. . . .

Can A Prisoner Get An Expert Witness Under Federal Rule 706 For His Medical Condition?

02 Sunday Mar 2014

Posted by in 11th Circuit Court of Appeals, Appellate Law, Criminal Law, Evidence, Federal Rules of Evidence, Rule 706, Summary judgment

≈ Comments Off on Can A Prisoner Get An Expert Witness Under Federal Rule 706 For His Medical Condition?

Tags

, , , , , , , , , ,

Is There a Doctor in the House?: 11th Circuit Remands After Lower Court’s Erroneous Rule 706 Ruling, posted by Colin Miller, EvidenceProf Blog

http://tinyurl.com/n57dzzo

This post discusses an Alabama District Court’s and 11th Circuit Court of Appeal’s interpretation of Rule 706(a) of the Federal Rule of Evidence in a prisoner’s lawsuit in which he claims that he has Hepatitis C, his illness is not being treated and, without treatment, he will become sicker and die. -CCE

Federal Rule of Evidence 706(a) provides that:

On a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed and may ask the parties to submit nominations. The court may appoint any expert that the parties agree on and any of its own choosing. But the court may only appoint someone who consents to act.

As you can see from the language of Rule 706(a), there is nothing in the Rule’s text limiting expert appointment to either criminal or civil cases. So where did that leave the plaintiff in Gillentine v. Correctional Medical Services, 2014 WL 701575 (11th Cir. 2014)?

 

Are Judges Are Killing the Civil Rights Act of 1964?

27 Wednesday Nov 2013

Posted by in Affirmative Action, Courts, Employment Law, Judges, Race Discrimination, Research, Trial Tips and Techniques

≈ Comments Off on Are Judges Are Killing the Civil Rights Act of 1964?

Tags

, , , , , ,

President Lyndon B. Johnson signs the 1964 Civ...

When it comes to employment cases, judges are killing the Civil Rights Act of 1964, by the Hon. Richard George Kopf, Hercules and the umpire Blog

http://tinyurl.com/phw85vu

After providing some background about rulings on employment cases, Judge Kopf reveals that:

[M]y summary judgment dismissal rate was higher than the aggregate rate for the Northern District of Georgia. That is, my dismissal rate was four points higher than the rate in the Northern District of Georgia (86% v. 82%). That caused me to write this: “The fact is that the law on summary judgment motions in employment cases favors the granting of summary judgment motions in a high percentage of the cases and, not surprisingly, that is what you see happening in the Northern District of Georgia and with ‘yours truly’ too.”

*     *     *

 [V]ince Powers, my friendly nemesis, advised me about a powerful article that Nancy Gertner has written on this subject. Gertner now teaches law at Harvard, and was for many years one of the most distinguished federal trial judges in the nation. She is also a really great person with a warm and funny sense of humor. Here is Nancy’s article. I urge you to read what she has written. It will make you think hard.

If you have trouble accessing the link to the Nancy Gertner’s article, you can find it here: http://tinyurl.com/olfpxdz. CCE