OAHN NGUYEN CHUNG v. STUDENTCITY.COM, INC.

No. 16-1765.

854 F.3d 97 (2017)

OAHN NGUYEN CHUNG, individually and as administratrix of the Estate of Lisa Tam Chung, and Liem Chung, Plaintiffs, Appellants, Ollie Daily, Loren Daily and Patricia Daily, Plaintiffs, v. STUDENTCITY.COM, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 14, 2017.


Attorney(s) appearing for the Case

Joseph P. Musacchio , with whom Anthony Tarricone and Kreindler and Kreindler LLP, Boston, MA, were on brief, for appellants.

Rodney E. Gould , Framingham, MA, with whom Robert C. Mueller , Burke, VA, and Smith Duggan Buell & Rufo LLP were on brief, for appellee.

Before Howard, Chief Judge, Selya and Lynch, Circuit Judges.


District courts have authority to enter summary judgment on grounds not raised by the parties. That authority, though, is far from unbridled. Here, the district court — with the acquiescence of the parties — limited pretrial discovery to specific issues. It later entered summary judgment on a completely different...

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