Herring v. Department of Social & Health Services

How courts have described this case

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

• holding that, before granting summary judgment sua sponte, “[t]he record must ... reflect the losing party’s inability to enhance the evidence supporting its position” (quoting Ramsey v. Coughlin, 94 F.3d 71, 74 (2d Cir. 1996))
• vacating sua sponte grant of declaratory judgment where the losing party had not had an opportunity to be heard
• “[I]f a motion for summary judgment has been made, a district court may grant summary judgment to any party—including a non- movant.”
• “The burden is on the insurer to establish that it would have rejected the application if it had known the undisclosed information.”
• “The burden is on the insurer to establish that it would have rejected the application if it had known the undisclosed information.”
• “[When] a summary judgment motion has in fact been made. . . the parties are then on notice that the ultimate issues are before the court”

Source: CourtListener parenthetical corpus (CC0).