Legal Opinion
Rose v. Laskey
Court of Appeals for the First Circuit
Decided September 29, 2004No. 03-2168PublishedCited by 5 opinions
1Per curiam
We affirm the judgment substantially for the reasons enumerated by the district court in its opinion dated July 10, 2003, adding only the following comments.
First We decline to consider the non-record “evidence” proffered by plaintiff on appeal. See, e.g., United States v. Rosario-Peralta, 175 F.3d 48, 56 (1st Cir. 1999) (“It is elementary that evidence cannot be submitted for the first time on appeal.”). Plaintiffs contention that he was deprived of an adequate opportunity to develop the record below is mistaken. Defendant’s summary judgment motion was filed within the time prescribed by the…
2Cases cited12 opinions
- Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
- Richard A. Sullivan v. River Valley School District, and Charles O. Williams, Superintendent, Individually and in His Official CapacityCourt of Appeals for the Sixth Circuit · 1999
- Reed v. Lepage Bakeries, Inc.Court of Appeals for the First Circuit · 2001
- Equal Employment Opportunity Commission v. Amego, Inc.Court of Appeals for the First Circuit · 1997
- Criado v. IBM CorporationCourt of Appeals for the First Circuit · 1998
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3Cited by5 opinions
- Calero-Cerezo v. U.S. Dep of JusticeCourt of Appeals for the First Circuit · 2004
- Jones v. Nationwide Life InsuranceCourt of Appeals for the First Circuit · 2012
- Carmichael v. Verso Paper, LLCDistrict Court, D. Maine · 2010
- Calef v. The Gillette Co.Court of Appeals for the First Circuit · 2003
- Rose v. Lebovidge, Massachusetts Commissioner of RevenueSupreme Court of the United States · 2005