12 May 2010

guillory v chapman et al 3rd circuit reverses 9th jdc judge donald t. johnson

while its true that in the past we've written our admiration for 9th jdc judge donald t. johnson, we dont mind seeing any of them reversed for good reason. 'good reason' is of course whether or not we agree.

but after reading this opinion along with the dissent of justice marc t. amy its hard to see how the plaintiff has a case really.

Guillory v Chapman et al Opinion
click here to download seven page .pdf [72 kb] from the 3rd circuit website
Guillory v Chapman et al Amy Dissent
click here to download one page .pdf [kb] from the 3rd circuit website

at least within the scope of a ccp article 966 procedure we learn the 3rd circuit's definition of a "material fact:"
A material fact is one whose existence or nonexistence is essential to plaintiff's cause of action under the applicable theory of recovery. Thus, facts are material if they potentially insure or preclude recovery, affect a litigant’s ultimate success, or determine the outcome of the legal dispute. Smith v. Our Lady of the Lake Hosp., Inc., 93-2512 (La.7/5/94), 639 So.2d 730. ~ page 6