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Second Circuit· 8/22/2016

Kovaco v. Rockbestos-Surprenant Cable Corp.

Citations

  • 834 F.3d 128
  • 32 Am. Disabilities Cas. (BNA) 1721
  • 95 Fed. R. Serv. 3d 860
  • 2016 U.S. App. LEXIS 15382
  • 129 Fair Empl. Prac. Cas. (BNA) 792
  • 2016 WL 4434396

How courts have described this case

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

  • concluding that a party’s failure to mention certain claims in opposition to summary judgment meant that “he had abandoned them”
  • affirming dismissal of summary judgment where plaintiff failed to address hostile work environment claims in opposition
  • instructing district courts to affirmatively find that claims or defenses not raised in oppositions were abandoned
  • instructing lower courts to make a specific finding of abandonment where appropriate
  • “[W]hen appropriate,” a “court may . . . infer from a party’s partial opposition that relevant claims . . . that are not defended have been abandoned” on summary judgment
  • hostile work environment claims deemed abandoned where plaintiff “fail[ed] to argue that they should survive [defendant’s] motion for summary judgment” while arguing against the motion as to his other claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Cabranes, Lohier

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Kovaco v. Rockbestos-Surprenant Cable Corp.

1 other CourtListener record shares this case name.

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.