holding that the non-moving party must designate or refer to evidence in response to a motion for summary judgment for the evidence to be "part of the competent summary judgment record before the court,” quoting Nissho-Iwai Am. Corp. v. Kline, 845 F.2d 1300, 1307 (5th Cir.1988)
How later courts described this case
- holding that the non-moving party must designate or refer to evidence in response to a motion for summary judgment for the evidence to be "part of the competent summary judgment record before the court,” quoting Nissho-Iwai Am. Corp. v. Kline, 845 F.2d 1300, 1307 (5th Cir.1988)
- explaining that on summary judgment, although record is reviewed de novo, appellate court will not consider evidence or arguments not presented to the district court for its consideration on the motion
- stating that courts of appeals “will not consider evidence or arguments that were not presented to the district court for its consideration in ruling on the motion”
- holding that the defendant was not required to produce evidence negating causation
Written by the judges who cited it.
The opinion
KING, Circuit Judge,
concurring in the judgment:
I withdraw my original opinion and concur in the judgment without opinion.