Legal Opinion
Nelson v. City of Davis
Court of Appeals for the Ninth Circuit
Decided July 7, 2009No. 07-16905PublishedCited by 93 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This appeal presents the question of whether the “sham affidavit” rule precludes the introduction of testimony from other witnesses that is arguably inconsistent with a plaintiffs deposition testimony. Under the circumstances presented by this case, we conclude the doctrine does not extend that far, and we vacate the judgment of the district court and remand for reconsideration.
I
On the evening of April 16, 2004, 21-year-old University of California, Davis student Timothy Nelson attended a large party at the Sterling Apartment Complex in Davis, California. Police…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Brower Ex Rel. Estate of Caldwell v. County of InyoSupreme Court of the United States · 1989
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
- Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991
- Sanders v. BrownCourt of Appeals for the Ninth Circuit · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- City of Pomona v. Sqm North America CorporationCourt of Appeals for the Ninth Circuit · 2014
- Van Asdale v. International Game TechnologyCourt of Appeals for the Ninth Circuit · 2009
- Timothy Nelson v. City of DavisCourt of Appeals for the Ninth Circuit · 2012
- Bravo v. City of Santa MariaCourt of Appeals for the Ninth Circuit · 2011
- Ernest Foster, Sr. v. Jeremy HellawellCourt of Appeals for the Ninth Circuit · 2018
88 more not listed; retrieve them via the Exa API.