Legal Opinion

Terry Gilmour v. Gates, McDonald & Co.

Court of Appeals for the Eleventh Circuit

Decided September 3, 2004No. 18-13924PublishedCited by 668 opinions

Non-Argument Calendar.

1Per curiam

The central issue in this case is whether a non-moving party plaintiff may raise a new legal claim for the first time in response to the opposing party’s summary judgment motion. 1 We hold it cannot.

Following the tragic events of September 11, 2001 in New York City, Terry Gilmour traveled to New Jersey to work as a volunteer for the Red Cross. After a week of service Gilmour became ill, and on September 30, her illness was diagnosed as Legionnaire’s disease. Her illness quickly progressed to Adult Respiratory Syndrome, and she was placed on a respiratory device. As a result of her illness…

2Cases cited10 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. Fisher v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  3. Green Country Food Market, Inc. v. Bottling Group, LLCCourt of Appeals for the Tenth Circuit · 2004
  4. Shanahan v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1996
  5. United Companies Lending Corp. v. PeacockSupreme Court of Georgia · 1996

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3Cited by668 opinions

  1. Wahi v. Charleston Area Medical Center, Inc.Court of Appeals for the Fourth Circuit · 2009
  2. Aretha Tucker v. Union of Needletrades, Industrial, and Textile EmployeesCourt of Appeals for the Sixth Circuit · 2005
  3. Hurlbert Ex Rel. Estate of Hurlbert v. St. Mary's Health Care System, Inc.Court of Appeals for the Eleventh Circuit · 2006
  4. Jamil A. Al-Amin v. James E. DonaldCourt of Appeals for the Eleventh Circuit · 2006
  5. Casey v. Geek Squad® Subsidiary Best Buy Stores, L.P.District Court, D. Maryland · 2011

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