Legal Opinion
Giuliano v. Ins. Co. of Pa. (In re LTC Holdings, Inc.)
United States Bankruptcy Court, D. Delaware
Decided February 4, 2019No. Case No.: 14-11111 (CSS) (Jointly Administered); Adv. No.: 15-51889 (CSS); Adv. No.: 16-51036 (CSS); consolidated with Adv. No. 15-51889PublishedCited by 4 opinions
1Opinion of the CourtSontchi, C.J.
INTRODUCTION
Fed. R. Civ. P. 56(c)(4) sets out three elements that such a declaration must meet in order to be admissible. It "must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated." The Court here addresses a Motion to Strike alleging that a declaration and its exhibits fail to meet these standards. A 2010 overhaul of this Rule removed, among others, the requirement that such submissions actually meet authentication requirements at the summary judgment stage and relieved the…
2Cases cited10 opinions
- Blunt v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2014
- Humphreys & Partners Architects v. Lessard Design, IncorporatedCourt of Appeals for the Fourth Circuit · 2015
- Lee v. Offshore Logistical & Transport, L.L.C.Court of Appeals for the Fifth Circuit · 2017
- Francis J. McQueeney v. Wilmington Trust Company, Trustee, and Anndep Steamship CorporationCourt of Appeals for the Third Circuit · 1985
- Fraternal Order of Police, Lodge 1 v. City of CamdenCourt of Appeals for the Third Circuit · 2016
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3Cited by4 opinions
- Dymarkowski v. BoydUnited States Bankruptcy Court, N.D. Ohio · 2020
- Dymarkowski v. McConeglyUnited States Bankruptcy Court, N.D. Ohio · 2021
- Our Alchemy, LLC - Adversary ProceedingUnited States Bankruptcy Court, D. Delaware · 2024
- Ragone, Jr. v. Pizza Pan Elyria, LLCUnited States Bankruptcy Court, N.D. Ohio · 2019