holding, on the authority of Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), that “hearsay evidence produced in an affidavit opposing summary judgment may be considered if the out-of-court declarant could later present that evidence through direct testimony, i.e., ‘in a form that would be admissible at trial.’ ”
How later courts described this case
- holding, on the authority of Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), that “hearsay evidence produced in an affidavit opposing summary judgment may be considered if the out-of-court declarant could later present that evidence through direct testimony, i.e., ‘in a form that would be admissible at trial.’ ”
- holding, on the authority of Celotex v. Catrett, 477 U.S. 317 (1986), that "hearsay evidence produced in a affidavit opposing summary judgment may be considered if the out-of-court declarant could later present that evidence through direct testimony, i.e., `in a form that would be admissible at trial.' "
- stating that a non-moving party must “adduce more than a scintilla of evidence in its. favor ... and cannot simply reassert factually unsupported allegations contained in its pleadings”
- holding, on the authority of Celotex v. Catrett, 477 U.S. 317 (1986
Written by the judges who cited it.
The opinion
STAPLETON, Circuit Judge,
concurring and dissenting:
The opinion announcing the judgment of the court describes the summary judgment record in an accurate and evenhanded manner. I concur in Section IA of that opinion and with most of what is said thereafter including the analysis set forth in footnote 12. I respectfully dissent only from the court’s ultimate conclusion with respect to Ferriola and Chesko. I believe reasonable jurors could conclude on the basis of the circumstantial evidence and their knowledge of human nature that Ferriola and Chesko probably (i.e., more likely than not) had heard of Ronald’s bizarre behavior.