A court may make credibility determinations on a summary judgment motion where the facts alleged are so contradictory as to be inexplicable in light of evidence in the record, according to the U.S. District Court for the District of Connecticut.
In Gill v. Teva Respiratory, LLC, the court granted the defendants' motions for summary judgment, reasoning that the plaintiff, in relying exclusively on her own testimony, failed to rebut the defendants' evidence or correct discrepancies in the record. Although the U.S. Court of Appeals for the Second Circuit has previously held that a credibility determination is warranted where a plaintiff relies on incomplete and contradictory testimony, some ABA Section of Litigation leaders believe this case may spur courts and practitioners to alter their methodology.
Premium Content For:
- Litigation Section