Louis R. Koerner, Jr., Individually and as Assignee of Jean McCurdy Meade v. CMR Construction & Roofing, L.L.C.

This case poses important questions regarding the procedural protections afforded to the non-moving party in a motion for summary judgment to have his summary judgment evidence accepted as true for the purpose of establishing material issues of fact, whether an otherwise valid Rule 54(b) motion is waived by not being asserted prior to final judgment so that relief available under Rule 54(b) cannot be available under Rule 59(e), and whether the court of appeal was correct in denying certification in violation of the applicable standard of consideration to the state supreme court where in order to make an Erie guess adverse to the nonmoving party the court below refused by name to follow a recent Louisiana intermediate court. Question I. Did the Fifth Circuit Court apply an incorrect standard of consideration by not considering the declarations of a non-moving party sufficient to