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Wednesday, October 01, 2014

Ind. Decisions - Still more on: Spierers' lawsuit survives motion to dismiss hurdle

Updating this ILB post from Dec. 24, 2013, yesterday federal district Judge Tanya Walton Pratt ruled:

The Court concludes that Rosenbaum and Rossman adequately met their burden of showing that the Spierers could not produce evidence on an essential element of their claim, shifting the burden to the Spierers to come forth with evidence in support of their claim. The Spierers instead opted to go forward and respond to the Defendants’ motion for summary judgment without the benefit of discovery, in part because they erroneously concluded that they were not required to put forth such evidence. Although the Court has great sympathy for the Spierers, they have failed to meet their burden of showing that there is a genuine dispute of material fact with respect to the element of causation. Therefore, the Defendants’ Motion for Summary Judgment (Filing No. 61) is GRANTED, and the Spierers’ claims against Rosenbaum and Rossman are DISMISSED with prejudice.
Here is the 21-page opinion in Spierer v. Rossman.

Here is a list of many earlier ILB posts on the Lauren Spierer disappearance case.

Posted by Marcia Oddi on October 1, 2014 10:21 AM
Posted to Indiana Courts | Indiana Decisions