← 104 F. Supp. 2d 1112 - Hog Slat, Inc. v. Ebert

104 F. Supp. 2d 1112 - Hog Slat, Inc. v. Ebert’s Empirical Analysis

2000

Citation profile

cited by 2 later decisions

February 2013

most recently cited

Relationships

Applies 28 U.S.C. § 1441 · 28 U.S.C. § 1446

Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Hartnagel v. Norman · Quick v. Donaldson Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“This court has with some frequency considered the question of whether eleventh-horn’ affidavits that contradict deposition testimony can generate a genuine issue of material fact precluding summary judgment. See Loeckle v. State Farm Automobile Ins. Co., 59 F.Supp.2d 838, 856-58 (N.D.Iowa 1999) (holding that plaintiffs affidavit failed to fall within the exception stated in [Camfield Tires, Inc. v. Michelin Tire Corp., 719 F.2d 1361 (8th Cir.1983),] that an affidavit contradicting the prior deposition testimony of the affiant but containing an adequate explanation for the disparity may create a genuine issue of fact because plaintiffs deposition testimony was so contradictory from the statements contained in her affidavit); Longstreth v. Copple, C97-4100-MWB, slip op. at 18-22 (N.D.Iowa May 6, 1999) (holding that the court could not conclude that the plaintiffs deposition testimony was so contradictory of the statements contained in plaintiffs affidavit as to foreclose the affidavit’s use for summary judgment purposes); Waitek v. Daikon Shield Claimants Trust, 908 F.Supp. 672, 684-686 (N.D.Iowa 1995) (holding that the affidavit of an expert proffered in opposition to summary judgment motion was assertedly in conflict with the expert’s prior deposition testimony, but the court found that the affidavit could generate genuine issues of material fact, because the expert explained the basis for his apparently changed opinion); Kunzman v. Enron Corp., 902 F.Supp. 882, 896-98 (N.D.I”
1 later decision quote this exact passage
e.g. 145 F. Supp. 2d 978 - Richards v. Farner-Bocken Co.

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.