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Heartwood Home Health & Hospice, LLC v. Huber 2020 UT App 13 (Jan. 24, 2020)

Jan 24, 2020

In affirming the district court’s grant of summary judgment to the defendants in this case involving alleged breaches of a confidentiality agreement and fiduciary duties, the court of appeals addressed the effect of a Rule 30(b)(6) ’s representative’s position testimony at the summary judgment stage.  “[T]he organization is generally bound by its representative’s testimony at the summary judgment stage of litigation.”  “The binding nature of the representative’s deposition, however, is limited to the summary judgment stage and, even then, the evidentiary limitation does not extend to the representative’s legal conclusions; to answers to questions that do not fall within the noticed scope of the deposition; or to facts that supplement, correct, or explain the representative’s testimony.”