· 9/9/2014
Jackson v. Federal Express
Citations
- 766 F.3d 189
- 23 Wage & Hour Cas.2d (BNA) 698
- 2014 U.S. App. LEXIS 17387
- 124 Fair Empl. Prac. Cas. (BNA) 529
- 2014 WL 4412333
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that when party has ample time to pursue discovery that it now claims is essential, district court has broad discretion to deny further discovery
- holding that a court may deem a claim to be abandoned where the party fails to mention the claim in opposition to a summary judgment motion
- holding that “a partial response arguing that summary judgment should be denied as to some claims while not mentioning others may be deemed an abandonment of the unmentioned claims”
- holding that “a court may, when appropriate, infer from a party’s partial opposition [to summary judgment] that relevant claims . . . that are not defended have been abandoned”
- holding that a counseled party who partially opposed a motion for summary judgment had abandoned those claims it did not specifically oppose because \the papers and circumstances viewed as a whole\ indicate \that abandonment was intended\
- holding that “in the case of a counseled party, a court may, when appropriate, infer from a party’s partial opposition that relevant claims or defenses that are not defended have been abandoned”
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Straub, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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