Aerel, S.R.L. v. Pcc Airfoils, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an affidavit so described should not be considered a sham affidavit
• noting that one factor to consider in determining whether an affidavit is submitted to create a sham fact issue is “whether the affiant had access to the pertinent evidence at the time of his earlier testimony”
• allowing parties to submit affidavits that “fill[] a gap left open by the moving party”
• “[A] party cannot create a disputed issue of material fact by filing an affidavit that contradicts the party's earlier deposition testimony.”
• “[A] party cannot create a disputed issue of material fact by filing an affidavit that contradicts the party’s earlier deposition testimony.”

Source: CourtListener parenthetical corpus (CC0).