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· 7/10/1998

Ines Torres Vargas v. Dr. Manuel Santiago Cummings

Citations

  • 149 F.3d 29
  • 1998 U.S. App. LEXIS 16351
  • 1998 WL 374889

How courts have described this case

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

  • explaining Section 4105 immunity is an affirmative defense; therefore, defendant bears the burden of establishing and proffering evidence sufficient to establish employee status.
  • explaining Article 41.050 immunity is an affirmative defense; therefore, “defendant bears the burden of establishing its applicability.”
  • \The party who has the burden of proof on a dispositive issue cannot attain summary judgment unless the evidence that he provides on that issue is conclusive.\
  • summary judgment appropriate where extrinsic 10 evidence presented to the court supports only one of the 11 conflicting interpretations
  • summary judgment appropriate where extrinsic 18 evidence presented to the court supports only one of the 19 conflicting interpretations
  • summary judgment appropriate where extrinsic 10 evidence presented to the court supports only one of the 11 conflicting interpretations

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Coffin, Bownes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.