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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Asking questions This is about understanding my situation

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Asking questions
This is about understanding my situation so I know what to do next. It has occurred to me, in regards XXXXX XXXXX interest in appealing summary judgement; normally both sides present evidence therefore the goal of my appeal would be to find case law that supports my claims in the suit (basically stating the judge made a mistake). If there was no evidence submitted from my side such as depositions or interview of witnesses to support my claims how can I say the judge made a mistake when he did not have the ability to weight one claim against the other?

Thank you for your question.

Are you stating that you did not submit any evidence to support your claims at all in your response to a Motion for Summary Judgment?

Customer: replied 4 years ago.

The summary judgement did not show pieces of evidence strong enough to support my claims. One example would be that the response to the motion for summary judgement did not include depositions of the person who assaulted me nor of the witness to the incident.



To appeal this, you would have to assert that the judge made a legal mistaken in assessing your evidence and abused his discretion. This sort of appeal is almost impossible to win. Other than this, you do not have any sort of appellate issue to go forward on.
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Customer: replied 4 years ago.

Another question.

If I have no appellate issue to go forward on is there no other alternative for me? Is my case done...with no other recourse?

Assuming you sued the Defendant for the proper claim but you were unable to gather the necessary evidence to survive summary judgment and there are no other claims that you have not yet brought within the statute of limitations, then unfortunately you would be out of luck.
Customer: replied 4 years ago.

Proper claim.... where can an individual find the appropriate resource to assist in determining the proper claim for an employment law offense?

Understanding how to classify a set of facts under the proper legal claim is what they teach at law school. However, there are generally guide books you can look at to help you out.

What state are you in and I will help you locate a source.
Customer: replied 4 years ago.


Here are some resources that you can look at that may help:

And if you have a law school or law library near, you should look for:

Kansas Employment Law (2nd Edition, 2001)

TexLaw and 4 other Employment Law Specialists are ready to help you