When a defendant seeks summary judgment on multiple claims, but the plaintiff responds without addressing each claim raised, a district court may properly grant summary judgment on the unaddressed claims. In Jackson v. Federal Express, No. 12-1475-cv (2d Cir. Sept. 9, 2014), the plaintiff employee filed disparate treatment and retaliation claims against her employer. The employer moved for summary judgment on all claims, but the employee's response only addressed the retaliation claims. The district court concluded that the employee's failure to address the non-retaliation claims was a tacit admission that there were no issues of fact as to these claims and granted summary judgment on that basis. The Second Circuit affirmed on appeal, holding: "a partial response arguing that summary judgment should be denied as to some claims while not mentioning others may be deemed an abandonment of the unmentioned claims."
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Motions practice: Second Circuit affirms that partial response to a motion for summary judgment implies abandonment of remaining claims
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