· 5/13/1985
Barry G. Lew, M.D. v. Kona Hospital
Citations
- 754 F.2d 1420
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding declaration provided in opposition to a motion for summary judgment deficient to the extent it stated legal conclusions rather than facts
- describing that, for the purposes of Federal Rule of Civil Procedure 56(e), “[a] verified complaint may be treated as an affidavit to the extent that the complaint is based on 23 personal knowledge and sets forth facts admissible in evidence. . . .”
- staff privileges were property right under Hawaii common law, and adequate process was provided for their revocation
- court may impose costs and fees on party who does not appear for deposition after 24 receiving proper notice
- the court may consider a verified complaint as an opposing affidavit under Rule 56 to the extent that it expresses personal knowledge of admissible facts
- “[A] party opposing summary 24 judgment need not file any countervailing affidavits or other materials where the movant’s 25 papers are insufficient on their face to demonstrate the lack of any material issue of fact.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Pregerson, Poole
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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