Claude E. Harris, Jr. v. Interstate Brands Corp., 348 F.3d 761 (8th Cir. 2003). · Go Syfert
Claude E. Harris, Jr. v. Interstate Brands Corp., 348 F.3d 761 (8th Cir. 2003). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 10 distinct courts.
Strongest positive: Rosberg v. State of Nebraska (ned, 2025-07-07)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Rosberg v. State of Nebraska
D. Neb. · 2025 · confidence medium
Ed. 2d 75 (1967); Souffront v. La Compagnie Des Sucreries De Porto Rico, 217 U.S. 475, 487 (1910); Fid. & Deposit Co. of Md. v. United States, 187 U.S. 315, 320 (1902); Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003); Eden v. Klaas, 85 N.W.2d 643, 646 (Neb. 1957); Healy v. Metro.
cited Cited as authority (rule) Tonya Huber v. Westar Foods, Inc.
8th Cir. · 2024 · confidence medium
Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003). -17- F.3d at 679; 29 U.S.C. §§ 2612 (e)(2), 2615(a)(2).
discussed Cited as authority (rule) Rodney Koon v. State of North Carolina
4th Cir. · 2022 · confidence medium
Barber v. Kimbrell’s, Inc., 577 F.2d 216 , 221 n.12 (4th Cir. 1978) (“If the issue of liability were inappropriately disposed of on a Rule 56 motion, then [the nonmoving party] would have a [Seventh 37 USCA4 Appeal: 21-6616 Doc: 41 Filed: 10/05/2022 Pg: 38 of 60 Amendment] right on remand to have . . . [their dispute] submitted to a jury.”); Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003) (holding a “Seventh Amendment right to a jury trial” exists “with respect to disputed issues of fact”).
cited Cited as authority (rule) Windstream Holdings, Inc. v. Charter Communications, Inc.
Bankr. S.D.N.Y. · 2020 · confidence medium
Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003), citing Fidelity & Deposit Co. v. United States, 187 U.S. 315, 319-20 (1902); Kennedy v. N.Y.
discussed Cited as authority (rule) Andrea Tucker v. Unitech Training Academy, Inc., e
5th Cir. · 2019 · confidence medium
This right exists only with respect to disputed issues of fact.” Roberson v. McDonald Transit Assocs., Inc., 574 F. App’x 323 , 327 n.5 (5th Cir. 2014) (unpublished) (alteration in original) (quoting Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003)).
discussed Cited as authority (rule) Randolph Rabbe v. Wells Fargo Home Mortgage, Inc
8th Cir. · 2018 · confidence medium
P. 9(b) (party must state with particularity circumstances constituting fraud); Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (pleading must contain sufficient facts to state claim that is plausible on its face); Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003) (Seventh Amendment right to jury trial exists only with respect to disputed issues of fact).
cited Cited as authority (rule) Thornton v. Mainline Communications, LLC
E.D. Mo. · 2016 · confidence medium
Nat’l Bank, 354 F.3d 721, 724-25 (8th Cir.2003); Harris v. Interstate Brands Corp., 348 F.3d 761, 762-63 (8th Cir.2003)).
cited Cited as authority (rule) Roberson v. McDonald Transit Associates, Inc.
5th Cir. · 2014 · confidence medium
This right exists only with respect to disputed issues of fact.” Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003) (citation omitted); see also Barrett v. Indep.
discussed Cited as authority (rule) Kelley v. Hofer (In Re Petters Co.)
Bankr. D. Minn. · 2010 · confidence medium
Hairis v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003); In re Fulda Ind. Co-op., 130 B.R. at 977-978 , and authorities cited there (where disposition of claims in suit may be made via summary judgment under Rule 56, right to jury trial under Seventh Amendment does not even come into play). 5 .
discussed Cited as authority (rule) Roberts v. USCC Payroll Corp. (2×) also: Cited "see"
N.D. Iowa · 2009 · confidence medium
Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003).
cited Cited as authority (rule) Pospisil v. O'Reilly Automotive, Inc.
N.D. Iowa · 2007 · confidence medium
Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003).
cited Cited as authority (rule) Florence v. Frontier Airlines, Inc.
5th Cir. · 2005 · confidence medium
Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003). 10 .
discussed Cited "see" Jane Doe v. The Estate of Joshua Q. Eckerson
8th Cir. · 2024 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761 , 762–63 (8th Cir. 2003) (upholding grant of summary judgment based on facts deemed admitted under this rule); Cross v. City of Chillicothe, No. 5:21-cv-6037-DGK, 2022 WL 17987623 , at *1 (W.D.
discussed Cited "see" Hudson Specialty Insurance Co v. Brash Tygr, LLC (2×)
8th Cir. · 2014 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir. 2003) (concluding a district court properly granted summary judgment based on facts deemed admitted under Local Rule 56.1 of the Western District of Missouri); see also Nw.
cited Cited "see" Dexter Anderson v. United States
8th Cir. · 2014 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003).
discussed Cited "see" Akers v. Windward Capital Corp.
D.D.C. · 2012 · signal: see · confidence high
“The Seventh Amendment is not violated by proper entry of summary judgment, because such a ruling means that no triable issue exists to be submitted to a jury.” Shannon v. Graves, 257 F.3d 1164, 1167 (10th Cir.2001) (citing Fidelity & Deposit Co. v. United States, 187 U.S. 315, 319-20 , 23 S.Ct. 120 , 47 L.Ed. 194 (1902)); see Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003) (“A grant of summary judgment does in itself not violate the Seventh Amendment.”); see also Manaia v. Potomac Elec.
cited Cited "see" Junk Ex Rel. T.J. v. Terminix International Co.
8th Cir. · 2010 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003).
cited Cited "see" Calvi v. Knox County
1st Cir. · 2006 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003).
cited Cited "see" Terrie Elizabeth Ridpath Lon E. Ridpath v. Howard Lloyd Pederson the Lakin Law Firm, P.C. Ricky D. Foutch
8th Cir. · 2005 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762-63 (8th Cir.2003).
cited Cited "see" Terrie Ridpath v. Howard Pederson
8th Cir. · 2005 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762-63 (8th Cir. 2003).
discussed Cited "see" Alan R. Vaughn v. City of North Branch
8th Cir. · 2004 · signal: see · confidence high
See Harris v. Interstate Brands Corp., 348 F.3d 761, 762 (8th Cir.2003) (grant of summary judgment does not violate Seventh Amendment right to jury trial); In re Cook, 928 F.2d 262, 263 (8th Cir.1991) (per curiam) (writ of mandamus is not substitute for appeal).
Retrieving the full opinion text from the archive…
Claude E. HARRIS, Jr., Appellant,
v.
INTERSTATE BRANDS CORPORATION, Appellee
02-3837WM.
Court of Appeals for the Eighth Circuit.
Oct 31, 2003.
348 F.3d 761
Larry D. Coleman, argued, Raytown, MO, for appellant., Brian J. Finucane and J. Eric Durr, argued, Kansas City, MO, for appellee.
Smith, Arnold, Beam.
Cited by 22 opinions  |  Published
RICHARD S. ARNOLD, Circuit Judge.

Claude E. Harris, Jr., appeals the District Court’s [1] grant of summary judgment in the employment-discrimination claim he brought against his employer, Interstate Brands Corporation. Mr. Harris raises two issues. First, he alleges the grant of summary judgment violated his Seventh Amendment right to a jury trial. The Seventh Amendment, he says, simply prohibits summary judgment in employment-discrimination cases. Second, he argues the District Court erred in granting summary judgment based on the facts presented. After reviewing the record de novo, Wallin v. Minn. Dep’t of Corr., 153 F.3d 681, 686 (8th Cir.1998), we find no error and affirm.

In September 2001, Interstate Brands fired Mr. Harris from his job as a “bun catcher” in its Kansas City bakery after he disregarded directions from a supervisor and turned off a production-line machine. During his tenure at the bakery, Mr. Harris had been reprimanded several times for insubordinate behavior and inappropriate language. Following his discharge, Mr. Harris filed this employment-discrimination claim and alleged racial and gender discrimination, as well as retaliation.

A grant of summary judgment does in itself not violate the Seventh Amendment. Summary judgment is proper when no genuine issue as to any material fact exists, and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A grant of summary judgment does not violate the Seventh Amendment right to a jury trial. This right exists only with respect to disputed issues of fact. Fidelity & Deposit Co. v. United States, 187 U.S. 315, 319-20, 23 S.Ct. 120, 47 L.Ed. 194 (1902). Actions for damages caused by employment discrimination, like other actions at law, are, in general, triable as of right by jury; but there is nothing special about employment-discrimination cases that would exempt them from normal procedural controls like motions for directed verdict or for summary judgment.

The grant of summary judgment was proper given the facts presented to the District Court. On a motion for summary judgment, all evidence and inferences are to be viewed in a light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, after the moving party presents evidence to support this motion, the non-moving party bears the burden of opposing it with “a concise listing of material facts as to which the [non-moving] party contends a genuine issue exists.” W.D. Mo. Loc. R. 56.1(a). Any facts presented by the moving party that the non-[*763] moving party fails to controvert specifically “shall be deemed admitted for the purpose of summary judgment .... ” Ibid.

In the case at bar, Mr. Harris effectively admitted the statements presented by defendant in its motion for summary judgment when he did not controvert them specifically in his suggestions in opposition to the motion, as required by the local rule. Given this admission, no genuine issues of material fact existed and, therefore, summary judgment was proper.

Affirmed.

1

. The Hon. Howard F. Sachs, United States District Judge for the Western District of Missouri.