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· 3/9/2015

Ellis v. J.R.'s Country Stores, Inc.

Citations

  • 779 F.3d 1184
  • 96 Fed. R. Serv. 1202
  • 24 Wage & Hour Cas.2d (BNA) 550
  • 2015 U.S. App. LEXIS 3667
  • 2015 WL 1004715

How courts have described this case

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

  • observing that inadmissible hearsay statements cannot defeat summary judgment and that “conclusory and self-serving affidavits” carry no weight (internal quotation marks omitted)
  • noting that “persuasive authority from our sister circuits suggests that if [lead plaintiff] had no viable FLSA claim, she was not an appropriate representative in any event for a hypothetical class of similarly situated employees”
  • finding it “implausible that subsection (a)’s requirement of a practice of such deductions contemplates isolated conduct”
  • making clear that “Rule 56(d) motions [should] be robust,” and observing that a supporting affidavit’s “lack of specificity” counsels against granting relief under Rule 56(d)
  • making clear that “Rule 56(d) motions [should] be robust,” and observing that a supporting affidavit’s “lack of specificity” counsels against granting relief under Rule 56(d)
  • stating an affidavit submitted in connection with a motion for summary judgment “must be based on personal knowledge and must set forth facts that would be admissible in evidence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holmes, McKay, Bacharách

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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