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J D Haas
J D Haas, Lawyer
Category: Employment Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer in employment law.
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Standard of Review Summary judgment is appropriate when the

Resolved Question:

Standard of Review:
Summary judgment is appropriate when the materials of record “show that
there is no genuine issue as to any material fact and that the moving party is
entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). In deciding
whether there is a disputed issue of material fact, the court must view the
evidence in favor of the nonmoving party by extending any reasonable
favorable inference to that party; in other words, “the nonmoving party’s
evidence ‘is to be believed, and all justifiable inferences are to bedrawn in [that party’s] favor.“’ Hunt v. Cromartie, 526 US. 541, 552, 119 S.
Ct. 1545, 143 L. Ed. 2d 731 (1999) (quoting Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 255,XXXXX 2505, 91 L. Ed. 2d 202 (1986)). The threshold inquiry
is whether there are “any genuine factual issues that properly can be resolved
only by a finder of fact because they may reasonably be resolved in favor of
either party.” Liberty Lobby, 477 U.S. at 250; Brewer v. Q
Submitted: 5 years ago.
Category: Employment Law
Expert:  J D Haas replied 5 years ago.
You have correctly stated the standard of review for summary judgment. All possible inferences are to be given to the party whose case is dismissed. In other words, even if the court assumes everything in favor of the dismissed party, the case must be dismissed due to the prevailing law. Please let me know if you have other questions.

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
Customer: replied 5 years ago.
I have provided more information - please review and let me know what else you need. This questions is for J. D. Haas. Thank you.
Expert:  J D Haas replied 5 years ago.
Thank you very much. As you may know, I did not have access to the additional information that you have provided.

To apply the standard to your case: your argument is that the employer cancelled the rest of the interview while you were completing your application. If the court accepts that version, and it should during a SJ motion, that would be a defense to the claim that you falsified your information. In other words, the employer cannot say that you lied during the application process when they are the party who ended the application process at a certain point in time. Please let me know if I can help you further.

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
Customer: replied 5 years ago.
The information is helping. Please understand that due to limited financial resouces that I dealing with I am dependent upon your service and am very grateful for it. I realize this is a very serious matter and being able to have already receive 3 rulings in my favor for this case has shown the company they have messed up. They now have invoked their corporate attorneys which is evident by how the content of the information being sent to the arbitrator had changed from a laymans content to 'legalize' statements. Would you please provide some guidance in regards XXXXX XXXXX to include in my response an answer to the case histories that they are using as a defense to have the SJ granted. I believe this is necessary in order to have a complete response to the Arbitrator when asking for the SJ to be denied.

Thank you for your time. Patrick
Expert:  J D Haas replied 5 years ago.
I will try to help you as much as I can; however, I am not licensed to practice law in Georgia; thus, I cannot directly represent you.

I will provide general legal information to answer your questions.

If employer is moving for summary judgment, the court will assume all of the facts in the light most positive for you since you are the non-moving party. You can quote the cases above for the standard of review and say that the court should assume the facts in the most favorable light to you. Using this analysis, the employer did not let you finish the application. They cannot use fraud as a basis for termination since they, and not you, ended the application process. That is a powerful argument in your favor. Since the employer ended the application process before you could talk about the arrest, then they cannot use that abbreviated process as a basis for termination. Good luck.

I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.


If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.

Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
J D Haas, Lawyer
Category: Employment Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer in employment law.
J D Haas and 6 other Employment Law Specialists are ready to help you

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