Legal Opinion
Blanke v. Time, Inc.
District Court, E.D. Louisiana
Decided January 6, 1970No. Civ. A. 67-1578-CPublishedCited by 3 opinions
1Opinion of the Court
RUBIN, District Judge.
Mindful of the repeated admonition of the Fifth Circuit Court of Appeals that the labors in attempting to resolve a lawsuit by summary judgment may be Sisyphean, a district court faced with a motion that suggests this apparent short cut to decision must scrutinize the material facts carefully to determine whether they present any genuine issues that must be resolved by the jury requested by the plaintiff. Since the jury is the trier of fact, there is no role for it to play when there is no real dispute with respect to any of the facts that might be material in reaching a…
2Cases cited12 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- Garrison v. LouisianaSupreme Court of the United States · 1964
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3Cited by3 opinions
- Davis v. National Broadcasting CompanyDistrict Court, E.D. Louisiana · 1970
- Johnston v. Time, Inc.District Court, M.D. North Carolina · 1970
- Anderson v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1973