In Lauria v. Lieb, No. 24-1461 (3d Cir. Sept. 12, 2025), the Third Circuit, while agreeing that a party’s unsworn statement should be disregarded on a Fed. R. Civ. P. 56(a) summary judgment motion, holds that the district court erred in disregarding it for purposes of weighing Fed. R. Civ. P. 56(e). Rule 56(c)(4) prescribesContinue reading “Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief”
Tag Archives: Summary Judgment
Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach
In Watchous Enterprises v. Mournes, No. 22-3071 (10th Cir. Nov. 30, 2023), the Tenth Circuit holds that the district court did not abuse its discretion by using Fed. R. Civ. P. 56(g) to deem facts submitted on summary judgment as established for purposes of trial, although the panel suggests that it might have ruled otherwiseContinue reading “Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach”
Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing
In Schmees v. HC1.com, Inc., No. 22-1214 (7th Cir. Aug. 8, 2023), the Seventh Circuit addresses the “muddled” law of whether district courts may treat new claims raised by a plaintiff for the first time in summary judgment briefing as a constructive amendment to the complaint. The court holds they may, although it does notContinue reading “Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing”
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
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”
Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit
In McKenney v. United States, No. 18-10810 (11th Cir. Sept. 1, 2020), in a matter of first impression, holds that the settlement of an accountant malpractice lawsuit is includable in gross income, even if the alleged damages concerned the payment of federal taxes. The panel gives no credence to several items in the record thatContinue reading “Settlement of Accounting Malpractice Case Was Gross Income, Holds Eleventh Circuit”
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