Local Law Blogs

Stuff I think I know about summary judgment

By Steve

"Corroboration is not required to defeat summary judgment. See, e.g., S.E.C. v. Phan, 500 F.3d 895, 909-10 (9th Cir. 2007) (district court erred on summary judgment by disregarding evidence that was ?uncorroborated and self-serving?); Shekoyan v. Sibley Intern., 409 F.3d 414, 425 (D.C. Cir. 2005) (?corroboration of [plaintiff?s] version of the facts was irrelevant to the summary judgment analysis.?); Lee v. American Intern. Group, Inc., 31 Fed. Appx. 764, 765 (2nd Cir. 2002) (?The fact that plaintiff had no corroboration and that Miller denied it were of no significance on defendant?s motion for summary judgment.?)."

This I wrote in a brief to the Sixth Circuit, in response to where the District Court judge wrote this:

"Plaintiff has not produced the alleged text messages and, although she testified that she showed the text messages to ?everybody? and a ?ton of people? including family, friends, and coworkers (both at Applebee?s and at her second job), she has not produced an affidavit from any of those persons."

I may not win the appeal, but at least I got that off my chest.

Full post as published by Southwest Virginia Law Blog on April 04, 2008 (boomark / email).