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· 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 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.