No. 20-964

Orien L. Tulp v. Educational Commission for Foreign Medical Graduates, et al.

Lower Court: Third Circuit
Docketed: 2021-01-22
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure evidence-standard genuine-issue-for-trial judicial-review motion-for-summary-judgment non-movant-evidence non-movant-inference standard-of-review summary-judgment tolan-v-cotton
Key Terms:
DueProcess
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment 'the evidence of the non-movant is to be believed and all justifiable inferences are drawn in his favor'?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment “the evidence of the non-movant is to be believed and all justifiable inferences are drawn in his favor”? 2. Did the lower Court violate its function at summary judgment by weighting the evidence and determine the truth of the matter instead of determining whether there was a genuine issue for trial? 3. Did the lower Court’s opinion reflect a clear misapprehension of summary judgment standards in light of this Court’s precedent in Tolan v. Cotton, 572 U.S. 650, 660 (2014)?

Docket Entries

2021-02-22
Petition DENIED.
2021-02-03
DISTRIBUTED for Conference of 2/19/2021.
2021-02-01
Waiver of right of respondents Educational Commission for Foreign Medical Graduates, et al. to respond filed.
2021-01-14
Petition for a writ of certiorari filed. (Response due February 22, 2021)

Attorneys

DR. ORIEN L. TULP, PRESIDENT OF THE UNIVERSITY OF SCIENCE, ARTS, AND TECHNOLOGY
Tommy Ernest SwateSwate Law, Petitioner
Tommy Ernest SwateSwate Law, Petitioner
Educational Commission for Foreign Medical Graduates, et al.
William Robert PetersonMorgan, Lewis & Bockius LLP, Respondent
William Robert PetersonMorgan, Lewis & Bockius LLP, Respondent