Franks v. Nimmo

How courts have described this case

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

• holding that district courts reviewing a summary judgment motion “will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue”
• stating “courts will disregard a contrary affidavit when they conclude that it constitutes an attempt to create a sham fact issue”
• in finding a sham factual issue the Tenth Circuit said “his affidavit makes no reference to his earlier contrary statements, and his earlier testimony is unequivocal”
• “[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”
• “[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”
• “[T]he utility of summary judgment as a procedure for screening out sham fact issues would be greatly undermined if a party could create an issue of fact merely by submitting an affidavit contradicting his own prior testimony.”

Source: CourtListener parenthetical corpus (CC0).