Court Error – Abuse of Discretion

By: Derek Hawkins//September 7, 2020//

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7^th Circuit Court of Appeals

Case Name: Leif Hinterberger, et al., v. City of Indianapolis

Case No.: 19-3365

Officials: RIPPLE, WOOD, and SCUDDER, Circuit Judges.

Focus: Court Error – Abuse of Discretion

Courts expect parties to know and follow local rules of practice. Failing to do so can prove fatal. Leif Hinterberger’s case shows how and why. The district court rejected his statement of facts for violating the Southern District of Indiana’s rule governing summary judgment practice. The statement misrepresented the evidence, contained inaccurate and misleading citations to the record, and presented improper arguments rather than materially disputed facts. We empathize with the district court’s exasperation and see no abuse of discretion in its striking Hinterberger’s statement. Nor did the district court commit any error in entering summary judgment against Hinterberger on each of his claims. So we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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