In a recent Ninth Circuit decision, the court held that “a piece of evidence [may not be disregarded] at the summary judgment stage solely based on its self-serving nature.” As a result, declarations created after summary judgment motions are filed may be sufficient to create genuine issues of material fact and, therefore, defeat summary judgment. This decision is particularly concerning because it allows a party to thwart summary judgment with little to no credible or corroborated evidence.
Continue Reading Follow-up on: Be Careful What You Say—It Might End Up in a Declaration to Defeat Summary Judgment