Friday, July 02, 2004
On July 1, 2004, the Second Circuit vacated and remanded. It wrote "to clarify the procedure to be followed when a motion for summary judgment is unopposed." The Court held that Rule 56 does not embrace default judgment principles and even if a summary judgment motion is unopposed, the district court still has to decide whether the movant is entitled to judgment as a matter of law. It took no position as to whether summary judgment was appropriate in this case, but remanded the case to the district court for a reasoned determination on that issue.
The decision in Vermont Teddy Bear Co. v. 1-200 Beargram Co. can be found here.