Fleming v. Borden, Inc.

How courts have described this case

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

• stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous
• observing that “[i]n most instances, summary judgment is inappropriate when the handbook contains both a disclaimer and promises”
• explaining that an employee handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous
• “ ‘the disclaimer is merely one factor to consider in ascertaining whether the handbook as a whole conveys credible promises that should be enforced.’ ”
• summary judgment is not appropriate where disclaimers and mandatory promises are both found in handbook
• summary judgment is not appropriate where disclaimers and mandatory promises are both found in handbook

Source: CourtListener parenthetical corpus (CC0).