Topic
Every decision we've filed under Summary Judgment.
The Ninth Circuit affirmed summary judgment for an insurance company, ruling that saltwater qualifies as a pollutant under commercial general liability policies. The court held that because the plaintiff conceded saltwater was an irritant or contaminant, it met the policy definition regardless of whether it constituted waste.
The Ninth Circuit affirmed the district court's grant of summary judgment against a grocery store and its owner, holding that they failed to rebut the government's evidence of SNAP trafficking. The court ruled that statistical patterns of unusually large and rapid transactions supported an inference of trafficking without requiring expert testimony.
The Tenth Circuit affirmed summary judgment for jail officers in an excessive force claim where the plaintiff failed to prove a specific officer caused a non-de minimis injury. The court also upheld the dismissal of a second lawsuit because the plaintiff failed to serve defendants within the time limits required by the Federal Rules of Civil Procedure.
The Tenth Circuit affirmed the grant of summary judgment for Weiser Security Services, ruling that the plaintiff failed to prove causation in his Title VII retaliation claim. The court held that there was insufficient evidence that the decisionmaker knew of the protected activity or that a biased supervisor used the decisionmaker as a cat's paw.
The Third Circuit affirmed the district court's grant of summary judgment in favor of Lackawanna County, ruling that the appellant failed to prove her termination was motivated by age. The court found no evidence that the employer's documented performance-based actions were a pretext for age discrimination.
The Ninth Circuit affirmed the jury's finding that an employer violated the Oregon Safe Employment Act by retaliating against an employee for taking COVID-19 quarantine leave. However, the court vacated the district court's award of full attorney's fees, remanding the issue to determine which legal work was exclusively devoted to the state retaliation claim versus the federal claim.
The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.
The Third Circuit affirmed summary judgment for Portfolio Recovery Associates, LLC, holding that withdrawing a debt collection complaint without prejudice does not constitute a favorable termination under the Pennsylvania Dragonetti Act. The court reasoned that the statutory requirement for a claim to terminate in the plaintiff's favor was not met because the withdrawal was not an abandonment in bad faith.
The Third Circuit affirmed summary judgment for Maserati because the plaintiffs failed to provide expert testimony proving a vehicle defect caused a garage fire. The court clarified that while expert testimony is not always required for complex instruments, it is necessary when the average juror cannot deduce the cause of failure without technical knowledge.
The Eleventh Circuit affirmed summary judgment for Waffle House, ruling that an employee's stabbing of a customer was an independent criminal act outside the scope of employment. The court held that the employer was not liable under Florida law because the assault was not reasonably foreseeable and the employee had stepped away from his duties at the time of the incident.