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Ortiz Vs. Jordan
Cites for this judgment
- US Supreme Court
- Jan 24, 2011
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Syllabus October Term, 2010 Ortiz V. JordanSearch
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has recognized a limited exception to the categorization of summary judgment denials as nonappealable orders. Mitchell v. ForsythSearch
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when the district court determines that factual issues genuinely in dispute preclude summary adjudication. Johnson v. JonesSearch
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to review the sufficiency of the evidence after trial. Unitherm Food Systems, Inc. v. Swift-EckrichSearch
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joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia and Kennedy, JJ., joined. Ortiz v. JordanSearch
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Opinion of the Court Ortiz V. JordanSearch
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Supreme Court of the United States No. 09-737 Michelle Ortiz, Petitioner V. PaulaSearch
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material facts genuinely in dispute, see Fed. Rule Civ. Proc. 56(a), the District Judge denied summary judgment. Ortiz v. VoinovichSearch
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is no. The order retains its interlocutory character as simply a step along the route to final judgment. See Cohen v. BeneficialSearch
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Cone v. WestSearch
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Brief any citation in this list with AI Studio
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recognized a limited exception to the categorization of summary judgment denials as nonappealable orders. Mitchell v. ForsythSearch
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Therefore, Mitchell held, an immediate appeal may be pursued. Ibid . We clarified in Johnson v. JonesSearch
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citing as pathmarking Rekhi v. WildwoodSearch
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or why an action was taken or omitted, but disputes about the substance and clarity of pre-existing law. See Behrens v. PelletierSearch
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Johnson , 515 U. S. at 317. Here, however, the pre-existing law was not in controversy. See Farmer v. BrennanSearch
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Price v. KramerSearch
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CA9 2000) (no exception where summary judgment rejected assertion of qualified immunity), with Goff v. BiseSearch
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Quoting Kiphart v. SaturnSearch
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s favor. Montgomery Ward & Co. v. DuncanSearch
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s conduct during investigation). Ortiz v. JordanSearch
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Thomas, J., Concurring in Judgment Ortiz V. JordanSearch
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quoting Unitherm Food Systems, Inc. v. Swift-EckrichSearch
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Fed. Appx. 449, 453 (CA6 2009). And to support that conclusion, the court cited Goff v. BiseSearch
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I would resolve only the question on which we granted certiorari. I concur in the judgment. See Mitchell v. ForsythSearch
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Mitchell v. ForsythSearch
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Johnson v. JonesSearch
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Unitherm Food Systems, Inc. v. Swift-EckrichSearch
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Michelle Ortiz, Petitioner V. PaulaSearch
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Ortiz v. VoinovichSearch
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See Cohen v. BeneficialSearch
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Rekhi v. WildwoodSearch
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See Behrens v. PelletierSearch
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See Farmer v. BrennanSearch
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Goff v. BiseSearch
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Montgomery Ward & Co. v. DuncanSearch
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See Mitchell v. ForsythSearch
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