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Friday, August 15, 2014

Ind. Decisions - "Cherry-Picking: 7th Cir. J.Hamilton Criticizes Lawyers' Summary-Judgment Practice"

Re a 7th Circuit decision in an Illinois case, issued Aug. 7th (Malin v. Hospira), Thomas L. Shrinfer, Jr. has this post Aug. 11th in the Wisconsin Appellate Law blog. A few quotes:

At the end of the opinion, Circuit Judge David Hamilton took the time to point out the ways in which the employer’s lawyers had misstated the record on summary judgment by selectively quoting from deposition testimony, and thereby misled the district court.

The court’s primary concern was that “Hospira repeatedly cherry-picked isolated phrases from Malin’s deposition and claimed that these ‘admissions’ doomed her case.” Slip Op. 23. In fact, Malin had not made those “admissions,” and “Hospira’s presentation of the evidence amounted to nothing more than selectively quoting language it likes and ignoring deposition language it does not like.” Id.

Judge Hamilton explained that this cherry-picking was a poor strategy on Hospira’s part: “Hospira seems to have based its litigation strategy on the hope that neither the district court nor this panel would take the time to check the record. Litigants who take this approach often (and we hope almost always) find that they have misjudged the court.”

Posted by Marcia Oddi on August 15, 2014 12:08 PM
Posted to Ind. (7th Cir.) Decisions