NexPoint Asset Management, L.P., fka Highland Capital Management Fund Advisors, L.P., et al. v. Highland Capital Management, L.P.
Whether, contrary to the decisions of multiple other circuits that properly preserve the province of the jury to decide genuinely disputed issues of material fact, the Fifth Circuit erred in permitting trial courts to draw inferences and make credibility determinations against a party offering self-interested testimonial evidence in opposition to a motion for summary judgment?
Whether, contrary to the decisions of multiple other circuits that properly preserve the province of the jury to decide genuinely disputed issues of material fact, the Fifth Circuit erred in permitting trial courts to draw inferences and make credibility determinations against a party offering self-interested testimonial evidence in opposition to a motion for summary judgment?