After panting the motion for class certification, the district court granted the arrestee's motion for summary judgment
, denied his motion for a preliminary injunction and denied the jails' motions for qualified and Eleventh Amendment immunity.
In that case, the Court held that a district court's order denying a defendant's motion for summary judgment
based on qualified immunity was immediately appealable, in part, because one important purpose of "qualified immunity" was to protect public officials, not simply from liability but also from standing trial.
In any event, even if one party's joinder in another party's motion for summary judgment
was, arguendo, permissible, in this case the hospital tailed to establish its entitlement to summary judgment.
Accordingly, in view of the conflicting testimony pertaining to the cause of death, there was a genuine issue of material fact, which precluded the granting of the defendants' motion for summary judgment
Under this theory, the trial court erroneously granted the hospital's motion for summary judgment
on the grounds that the nurse was a 'borrowed servant' of the hospital and covered exclusively by workers' compensation.
The defendants filed motions to dismiss and a motion for summary judgment
based on claims that Jacobson was entitled to official immunity as to all claims against him, and the hospital was entitled to sovereign immunity from both suit and liability as to contractual claims against it.
The trial court granted the firm's motion for summary judgment
In this California case, a trial court granted a hospital's motion for summary judgment
without reviewing the admissibility of the testimony of the defendant hospital's expert witness.
COURT'S OPINION: The United States District Court for the Eastern District of Pennsylvania granted the Union's motion for summary judgment
and denied Tenet's motion for summary judgment
The district court denied the defendants' motion for summary judgment
on the basis of qualified immunity and the appeals court affirmed.