Legal Opinion

Dennis Hackman v. Valley Fair and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of American, Local 575

Court of Appeals for the Third Circuit

Decided May 3, 1991No. 90-5916, 91-5190PublishedCited by 142 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we decide that a plaintiff’s affidavit contradicting his prior deposition testimony does not create a factual dispute barring summary judgment. We also conclude that plaintiffs counsel’s decision to press her client’s position with the court did not constitute bad faith under 28 U.S.C. § 1927, despite the unlikelihood of success. Accordingly, we will affirm the entry of summary judgment against plaintiff, but will reverse the award of sanctions against plaintiff’s counsel.

Plaintiff, Dennis Hackman, was a member of defendant Local 575 of…

2Cases cited12 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  3. Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen DivisionCourt of Appeals for the Third Circuit · 1987
  4. Louis Vadino v. A. Valey EngineersCourt of Appeals for the Third Circuit · 1990
  5. Ford v. Temple HospitalCourt of Appeals for the Third Circuit · 1986

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3Cited by142 opinions

  1. Cleveland v. Policy Management Systems Corp.Supreme Court of the United States · 1999
  2. Alvaro Quiroga v. Hasbro, Inc. And Playskool Baby, IncCourt of Appeals for the Third Circuit · 1991
  3. Jiminez Ex Rel. Estate of Serrano v. All American Rathskeller, Inc.Court of Appeals for the Third Circuit · 2007
  4. EBC, Inc. v. Clark Building System, Inc.Court of Appeals for the Third Circuit · 2010
  5. Robert v. Baer v. David Chase Chase Films Inc., a Delaware Corporation John Does A-ZCourt of Appeals for the Third Circuit · 2004

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