Appellate Law

CA1: another deemed admission

By S. COTUS

CMI Capital v. Gonzalez-Toro, No. 06-2623.  It seems that many oppositions to motions for summary judgment do not specifically counter the statements of facts as required by local rules.  This is called the ?anti-ferret? rule. 

Procedurally, the First points out that if a District Court deems facts admitted, it is bound by that order, unless the order is an abuse of discretion. 

The underlying disputes resolve around the liability of the ?conjugal partnership? for certain torts.  The First agrees (applying Puerto Rican law) that the torts were committed for the benefit of the partnership.  Likewise, liability also attached to the wife, because she didn?t contest many of the facts, which essentially meant that she helped her husband carry out many of the relevant activities.

Full post as published by Appellate Law and Practice on March 18, 2008 (boomark / email).