Rule 56 is Not Going to be Construed Liberally, Says Fifth Circuit

HIGGINSON, STEPHEN A.

KING, CARLOYN DINEEN, (MRS. REAVLEY)

SMITH, JERRY E.

In this foreclosure case the panel dismissed the claims in a short affirmation in favor of Bank of America, claiming failure to meet Rule 56 (Summary Judgment) Burden.

“In this case, Stauffer failed to meet her Rule 56 burden before the district court. The sum total of her summary judgment briefing below on her three current defenses was a three-sentence paragraph with no citations to evidence or caselaw. Stauffer did attach an affidavit to her summary judgment motion, but she failed to “articulate” precisely how the affidavit supported her defenses.”

BOFA v Stauffer

Before HIGGINSON, KING and SMITH