Sellers v. American Broadcasting Co.

4 Citing cases

  1. Weller v. AT&T Services, Inc.

    CASE NO. 10-80480-CIV-MARRA (S.D. Fla. Jun. 7, 2011)   Cited 1 times

    Nonetheless, Weller claims a genuine issue of material fact based on the following: (1) Smith's lack of legal training and experience; (2) the failure to include Weller in step 1 and 2 of the grievance process; (3) Smith's lack of understanding and failure to investigate the payroll discrepancies; (4) Smith's failure to recognize Weller when they spoke on the telephone and (5) CWA's failure to act when AT T hired a contractor to replace him. With respect to Smith's lack of training and experience, the law is clear that "the union representative is not a lawyer and cannot be expected to function as one." Harris, 668 F.2d 1207; see Findley v. Jones Motor Freight, Inc., 639 F.2d 953, 958 (3d Cir. 1981) ("to hold lay union representatives to the demanding tests applied to a trained trial lawyer would defeat the aims of informality and speedy resolution contemplated by labor-management grievance agreements."). Weller does not identify whether his breach of duty of fair representation claim against the union is based upon its conduct being arbitrary, discriminatory or acting in bad faith.

  2. Life Alarm Systems, Inc. v. Valued Relationships, Inc.

    CV 109-117 (S.D. Ga. Mar. 28, 2011)   Cited 1 times

    These conclusory statements are insufficient to create a genuine issue of material fact. See Sellers v. Am. Broad. Co., 668 F.2d 1207, 1210 n. 3 (11th Cir. 1982) ("Conclusory statements, unsubstantiated by facts in the record, will normally be insufficient to defeat a motion for summary judgment."); see also Evers v. Gen. Motors Corp., 770 F.2d 984, 986 (11th Cir. 1985) (same); Gordon v. Terry, 684 F.2d 736, 744 (11th Cir. 1982) (finding that conclusory allegations contained in an affidavit, unsupported by specific facts or representations, are insufficient to create genuine issue of material fact). Accordingly, Defendants' motion for summary judgment on their counterclaims for breach of the equipment leases and the Monitoring Agreement are hereby GRANTED.

  3. Kusek v. Family Circle, Inc.

    894 F. Supp. 522 (D. Mass. 1995)   Cited 25 times
    Holding that state statute of limitations applies to alleged trademark infringement claims brought under the Lanham Act, 15 U.S.C. ยง 1125

    The Eleventh Circuit rejected just such a claim. Sellers v. American Broadcasting Co., 668 F.2d 1207, 1210 (11th Cir. 1982) (declining to enforce agreement between source and journalist because "an essential element is vague, indefinite or incomplete"). See also Nichols v. Fort Worth Star-Telegram, 14 Media Law Reporter (BNA) 1543, 1544 (N.D.Tex. 1987) (granting Rule 12(b)(6) motion in pro se case premised on newspaper's failure to print information supplied by plaintiff).

  4. In re Macklin

    Case No.: 05-12750-BGC-13, A. P. No.: 08-00013-BGC-13 (Bankr. N.D. Ala. Sep. 23, 2009)   Cited 1 times

    Conclusory statements, unsubstantiated by facts in the record, will normally be insufficient to defeat a motion for summary judgment." Sellers v. American Broadcasting Co., 668 F.2d 1207, 1209 n. 3 (5th Cir. 1982). "Defendants' argument on appeal, that affidavits introduced by them to oppose the government's motion for summary judgment created a fact issue as to the burdensomeness of the reports, is without merit in light of the fact that the proffered affidavits are merely conclusory in nature.