Malacara v. Garber

How courts have described this case

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

• holding that evidence that was not referred to in non-movant’s opposition to summary judgment was not properly before the district court on summary judgment and would not be considered on appeal
• emphasizing that TWC did not do these things and so did not engage in recruiting
• explaining that courts will not sift through the record to identify the specific evidence supporting a party’s contention
• acknowledging that a district court may grant summary judgment sua sponte so long as the losing party had notice that he had to come forward with all of his evidence
• stating that “[w]hen evidence exists in the summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court”
• stating that “[w]hen evidence exists in the summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court”

Source: CourtListener parenthetical corpus (CC0).