Tag Archives: appellate review

Sixth Circuit Holds That Appellate Court May Consider Other Materials in the Record in Accordance with Fed. R. Civ. P. 56(c)(3)

By Squire Patton Boggs on September 14, 2012 Posted in Recent Cases

The Sixth Circuit’s recent decision and resulting partial dissent in LidoChem, Inc. v. Stoller Enterprises, Inc., Case No. 10-1686, provide an interesting analysis of an appellate court’s ability to consider facts contained in a summary judgment record but not specifically presented to the district court. The district court granted summary judgment in favor of defendants, … Continue Reading