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· 9/9/2005

Lexington Insurance Company v. Western Pennsylvania Hospital

Citations

  • 423 F.3d 318
  • 68 Fed. R. Serv. 208
  • 2005 U.S. App. LEXIS 19480

How courts have described this case

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

  • concluding that an “absence of evidence, coupled with the concession of West Penn’s General Counsel[,] . . . compels the conclusion that a reasonable jury could not [find in favor of West Penn]”
  • explaining that “[s]peculation does not create a genuine issue of fact; it creates a false issue, the demolition of which is a primary goal of summary judgment”
  • finding that a document produced by an opposing party pursuant to discovery requests is “circumstantial evidence of the authenticity of the document”
  • holding that “‘[s]peculation does not create a genuine issue of fact; instead, it creates a false issue, the demolition of which is a primary goal of summary judgment’” (emphasis in original) (quoting Hedberg v. Indiana Bell. Tel. Co., Inc., 47 F.3d 928, 932 (7th Cir. 1995))
  • explaining that mere speculation cannot defeat a motion for summary judgment
  • affirming the trial court’s grant of an insurer’s motion for a declaratory judgment concerning its duty to indemnify at the summary judgment stage

Source: CourtListener parenthetical corpus (CC0).

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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.