Saturday, November 28, 2015

Bias v. Advantage Intern., Inc. case brief summary

Bias v. Advantage Intern., Inc. case brief
Ct of Appeals 1990

Posture: District court granted summary judgment, ct of appeals affirmed. 
Facts: Bias overdosed on cocaine and died, advantage moved for summary judgment and had it granted by district court. Advantage was in a K with Bias to represent him in his affairs. June 17th he was picked by Celtics and on June 19th he overdosed. Parents wanted Fentress (employee) to get an insurance policy on bias and he said he did but he actually did not. Relying on his statements, parents did not themselves get insurance policy. District Court said that Bias was known drug user and he would not have gotten the 1 million insurance policy as drug user anyway. 

Reasoning: Court of appeals looked at evidence and decided that the specific evidence of Bias’s teammates saying he was a drug user was better evidence than coach and parents. Defendant showed this evidence, and it was plaintiff’s burden to disprove it. Plaintiff did not and so there was no genuine issue of material fact that needed a jury. Plaintiff had to rebut the showing of defendant. Plaintiff must have rebutted defendants evidence by evidence to disprove specific instances of bias’s drug use. There was no such evidence. 

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