· 10/28/1983
Camfield Tires, Inc. v. Michelin Tire Corporation
Citations
- 719 F.2d 1361
- 38 Fed. R. Serv. 2d 49
- 37 U.C.C. Rep. Serv. (West) 1139
- 1983 U.S. App. LEXIS 15753
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 filed 3 by the plaintiff in opposition to a motion for summary judgment that directly contradicted his previous deposition testimony was insufficient to create a genuine issue of material fact
- noting that the witness “was cross-examined at length on the subject during the earlier deposition”
- addressing district court’s authority to strike affidavit submitted by party in resistance to motion for summary judgment
- explaining evidence of confusion or mistake when being deposed may allow for a later, seemingly contradictory affidavit to create a genuine issue of fact
- indicating district courts should not consider inherently contradictory affidavits submitted by the same party in summary judgment proceedings unless the party explains the inconsistency
- discussing utility of summary judgment as “procedure for screening out sham issues of fact”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bright, Gibson, Hanson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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