In a nutshell: in their motion for summary judgment, defense produced a video which was allegedly uploaded online two days before plaintiffs termination. This was attached as a manual exhibit in their motion. However, plaintiff can prove the exact date and time the video was uploaded - which was five days after plaintiffs termination. The defense claims that the uploading of this video was the specific motive for plaintiffs termination. My question is, now that they have been proven to have been dishonest, would this dishonesty be enough to defeat summary judgment? Also, during discovery, defense claimed that two other videos were also the reason for termination, yet both times plaintiff was able to prove that both videos were created subsequent to termination. Thanks.
The point of a summary judgment motion is to show that there is a material fact question for trial. I sure hope you have an attorney. If not, you have little hope of proceeding to trial.
Ms. Laster practices in Dalla
Motion for and defending against summary judgment is a very technical and complicated subject. You should hire an attorney.
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What matters is whether you present evidence that contradicts defendant's factual assertion.
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There are different types of motions for summary judgment, but it appears from your question that what is at play here is a traditional motion for summary judgment. (If their MSJ is only against part of your claims, then it is known as a motion for partial summary judgment. There is also something known as a no-evidence motion for summary judgment, but since the defendant presented what they are alleging is summary judgment evidence, then you are facing a traditional MSJ.) Because the defendant filed a motion for summary judgment, they are using the summary judgment procedure in an attempt to dispense with all or some of your claims.
Since you are apparently dealing with a traditional motion for summary judgment, what is necessary to defeat the defendant's MSJ is to successfully argue to the judge that there is a "genuine issue of material fact" -- essentially a fact dispute about what the defendant is alleging in their MSJ.
As has been stated, responding to a motion for summary judgment is not for the untrained. If you don't have one already, you absolutely must have an attorney to have a chance of successfully litigating your claim. Do you have a labor & employment lawyer working on your behalf? If not, get one yesterday.
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