Terrance Nelson Cates v. Zeltiq Aesthetics, Inc.

The Eleventh Circuit affirmed the district court’s Order granting summary judgment in favor of Defendant, Zeltiq Aesthetics, Inc., and against Plaintiff, Terrance Nelson Cates. Three questions are presented:

1. Does a circuit court of appeals’ appellate review of the grant of a federal summary judgment under Federal Rule of Civil Procedure 56 require the appellate court to review the evidence considered by the trial judge on a motion for reconsideration?

2. In reviewing the grant of a federal summary judgment under Federal Rule of Civil Procedure 56, does the circuit court of appeals have authority, in applying Rule 56 to a particular case, to go outside the record and conduct independent medical research to determine a party’s entitlement to judgment as a matter of law?

3. Whether the Eleventh Circuit opinion reflects a clear misapprehension of the federal summary judgment standard in light of prior supreme court precedent, effectively denying a litigant his constitutional right to jury trial?