Daniel Montes, Jr. v. Bertha A. Tibbs

In Caribbean Mills, Inc., 394 U.S. 823 (1969), this Court held that: “where the transfer of a claim is absolute, with the transferor retaining no interest in the subject matter, then the transfer is not improperly or collusively made, regardless of the transferor’s motive”,n. 9 (citations omitted).” The U.S. Court of Appeals for the Fifth Circuit upheld that the Plaintiff’s absolute assignment was improper. This presents the following issue: Whether the Fifth Circuit’s decision conflicts with this Court’s binding precedent in Caribbean Mills, Inc., 394 U.S. 823 (1969), footnote 9 (citations omitted)?

In Celotex Corp. v. Catrett, 477 U.S. 317 (1986), this Court held that: “The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion..”,at 322-326.