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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.