In Jones v. L.A. Central Plaza, No. 22-55489 (9th Cir. July 26, 2023), the Ninth Circuit holds that the district court erred by sua sponte granting a Rule 12 dismissal on the pleadings for lack of Article III standing, when the parties had already briefed summary judgment on the same standing issue. Jones sued theContinue reading “Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss”
Tag Archives: Fed. R. Civ. P. 56
Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95
In Mack v. Resurgent Capital Servs., L.P., No. 21-2792 (7th Cir. June 7, 2023), the Seventh Circuit reverses and remands a Fair Debt Collection Practices Act (FDCPA) lawsuit brought to collect $3.95 in postage, a claim held by the panel to confer Article III standing to bring the case in federal court. Since the SupremeContinue reading “Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95”
Summary Judgment Inappropriate Even Where Plaintiff’s Only Eyewitness Account Is Contradicted by Others on the Scene as Well as by the Witness’s Original Police Statement, Holds Sixth Circuit
In Gambrel v. Knox Cnty., Ky., No. 20-6027 (6th Cir. Feb. 8, 2022), the panel reverses in part summary judgment in a § 1983 Fourth Amendment excessive force case. Applying Scott v. Harris, 550 U.S. 372 (2007), the panel holds that the principle that witness testimony may be disregarded on summary judgment if it is “blatantlyContinue reading “Summary Judgment Inappropriate Even Where Plaintiff’s Only Eyewitness Account Is Contradicted by Others on the Scene as Well as by the Witness’s Original Police Statement, Holds Sixth Circuit”
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