Tuesday, October 25, 2005

What happens if the witness takes the stand and swears he is Napoleon

Years ago, at a hearing before Judge Thomas F. Hogan in the District of Columbia, I heard him ask something like whether on a motion for summary judgment, if the non-moving party swears that he is Napoleon, if the Court has to accept that evidence as true.

This opinion from the Second Circuit suggests that the answer is no, at least not when "“[n]o reasonable person would undertake the suspension of disbelief necessary to give credit to the allegations made in [the] complaint."

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