Helen C. Kistner v. Joseph A. Califano, Secretary, Dept. Of Health, Education and Welfare

How courts have described this case

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

• holding that plaintiff \was prejudiced by not having an opportunity to respond in opposition\ before the district court's sua sponte grant of summary judgment
• holding that the district court abused its discretion by entering summary judgment when “neither party filed a motion for summary judgment”
• vacating dis trict court’s grant of summary judgment when neither party had moved for summary judgment or had notice of district court’s intentions
• It is the clearly established rule that a district court must afford the party against whom sua sponte summary judgment is to be entered ten-days notice and an adequate- opportunity to -respond
• advance notice required where court enters summary judgment sua sponte
• waiver of ten-day notice period

Source: CourtListener parenthetical corpus (CC0).