Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration
Holding that liability can be based on the bias of employees who have the duty to recommend other employees for promotion, where the decision maker said he "received the necessary information" for decisions from those recommending employees
Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact
375 F. App'x 705 (9th Cir. 2010) Cited 236 times 1 Legal Analyses
Holding that a failure to comply with Rule 26 was harmless where the non-moving party offering the report served a preliminary expert declaration prior to the discovery deadline, produced a "supplemental" expert declaration seven months before trial, and the moving party did not attempt to depose the expert
Holding that the sham affidavit rule does not preclude a party from "elaborating upon, explaining or clarifying prior testimony elicited by opposing counsel on deposition," and that "minor inconsistencies that result from an honest discrepancy, a mistake, or newly discovered evidence" do not justify striking a declaration
Holding that, because the plaintiff had instructed Nigeria to make payments to the plaintiff's account in New York, “New York was the place of performance of Nigeria's ultimate contractual obligation,” and “its failure to satisfy that obligation necessarily had a direct effect in the United States”
Holding that defendant's "routine practice of obtaining signed consent forms prior to administering the vaccine" sufficed to establish that it "had acted in conformity with the habit and custom in advising [plaintiff] of the potential adverse effects of the swine flu vaccine"
Fed. R. Evid. 406 Cited 752 times 3 Legal Analyses
Stating that evidence of an organization's routine practice can be admitted to prove that the organization acted in accordance with that routine practice on a particular occasion