Cheryl Romano, et vir v. Jazz Casino Company, L.L.C., et al.

This Court in Tolan v. Cotton, 134 S. Ct. 1861, 188 L. Ed. 2d 895, 572 U.S. 650 (2014), Anderson v Liberty Lobby, Inc. 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986), and Eastman Kodak Company v. Image Technical Services, Inc., 112 S. Ct. 2072, 504 U.S. 451, 119 L. Ed. 2d 265 (1992) set the standards that must be followed by the lower courts when deciding motions for summary judgment. Both the Fifth Circuit and the District Court have failed to follow these standards and have ignored the following directives: (1) the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor; (2) the court must view the evidence in a light most favorable to the opposing party; (3) the court must properly acknowledge and address all of the key evidence offered by the party opposing the motion; (4) the court should not make findings of fact; (5) the judge’s function in summary judgment is not to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial; (6) evidence must be viewed as a whole, and not in individual pieces; and (7) the court must determine whether a fair minded jury could return a verdict for the plaintiff on all of the evidence presented. The Fifth Circuit has decided important federal questions relating to summary judgments in a way that conflicts with decisions of this Court. (Rule 10(c) Supreme Court Rules). The Questions presented are: I. Did the Fifth Circuit, in accepting the District Court’s findings of fact, probable cause of the fall and legal authority, violate the basic principles of Tolan v. Cotton,