· 1/31/1989
Corrugated Paper Products, Inc. v. Longview Fibre Co.
Citations
- 868 F.2d 908
- 1989 U.S. App. LEXIS 2309
- 1989 WL 16209
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “a court must be circumspect in granting summary judgment based solely on the defendant’s categorical denial that the requisite mental state existed”
- “[T]he opposing party may not merely recite the incantation, ‘Credibility,’ and have a trial on the hope that a jury may disbelieve factually uncontested proof.”
- “[T]he nonmovant ordinarily must identify specific factual inconsistencies in the witness’ testimony in order to withstand a motion for summary judgment.”
- “It is well-settled that summary judgment may be granted where the controlling issue is whether or not the movant acted with a particular mental state.”
- discussing New Jersey law and third-party beneficiary law in general
- “[W]here the defendant’s motive or state of mind is an essential element of a plaintiff’s case, a court must be circumspect in granting summary judgment based solely on the defendant’s categorical denial that the requisite mental state existed.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Cudahy, Pell
Read full opinion on CourtListenerSourced 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.