· 5/10/2005
Aretha Tucker v. Union of Needletrades, Industrial, and Textile Employees
Citations
- 407 F.3d 784
- 177 L.R.R.M. (BNA) 2206
- 2005 U.S. App. LEXIS 8332
- 2005 WL 1120281
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff may not raise a new claim at the summary judgment stage
- recognizing that the defendant would otherwise be subject to unfair surprise
- noting that permitting the plaintiff to raise a new claim in response to a summary judgment motion “would subject defendants to an unfair surprise”
- holding a plaintiff may not defeat summary judgment by asserting claims which have never been pled
- noting that a plaintiff may not succeed at the summary judgment stage by relying on claims not pled in the complaint
- explaining that the liberal standards that apply at the pleading stage do not apply “[o]nce a case has progressed to the summary judgment stage”
Source: CourtListener parenthetical corpus (CC0).
Judges: Suhrheinrich, Gilman, Ackerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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