Skip to main content
· 7/25/1996

Carl L. Vance, by and Through His Attorney in Fact, Debra Vance Hammons v. United States

Citations

  • 90 F.3d 1145
  • 35 Fed. R. Serv. 3d 15
  • 1996 U.S. App. LEXIS 18282
  • 1996 WL 413418

How courts have described this case

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

  • holding expert testimony required to show causation between failure to diagnose pneumonia and Legionnaires’ disease and the subsequent non-ambulatory status of patient
  • holding that Plaintiffs right to argue a need for discovery prior to the entry of summary judgment was preserved since Plaintiff moved to vacate summary judgment ten days later and included precisely the discovery needed and not “generalized statements [of necessary] discovery”
  • finding the district court abused its discretion when it entered summary judgment three months after the plaintiff filed his complaint and before any discovery
  • reversing summary judgment because “no discovery was conducted before the motion for summary judgment was filed and decided”
  • \Most significant to the conclusion we reach is the fact that no discovery was conducted before the motion for summary judgment was filed and decided.\
  • “Most significant to the conclusion we reach is the fact that no discovery was conducted before the motion for summary judgment was filed and decided.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Moore, Joiner

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.