Monday, September 10, 2012

Yeager v. Bowlin (9th Cir. - Sept. 10, 2012)

Even if you're the first one to break the sound barrier, that doesn't permit you to submit an affidavit in opposition to a motion for summary judgment in which you suddenly (and inexplicably) "remember" all the things that you repeatedly "did not recall" during your sworn deposition.

We call that a sham affidavit, and it's inadmissible.  Even if your name's Chuck Yeager.