# Mary Faye Skotak, George Jerry Skotak, and Eric Norman Skotak, Cross-Appellees v. Tenneco Resins, Inc., Cross-Appellant

> Court of Appeals for the Fifth Circuit · March 26, 1992 · 953 F.2d 909

URL: https://www.frixlaw.com/law-library/cases/9482470

## Case

- **Full name:** Mary Faye SKOTAK, George Jerry Skotak, and Eric Norman Skotak, Plaintiffs-Appellants, Cross-Appellees, v. TENNECO RESINS, INC., Defendant Appellee, Cross-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 26, 1992
- **Citations:** 953 F.2d 909
- **Precedential status:** Published
- **Opinion:** Concurrence by King
- **Judges:** Wisdom, King, Barksdale
- **Cited by:** 911 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9482470

## How later opinions describe it (automated extraction)

- 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

## Opinion text

KING, Circuit Judge,
concurring in the judgment:
I withdraw my original opinion and concur in the judgment without opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9482470. Public record. Not legal advice.