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Salter v. Upjohn Co.

United States Court of Appeals for the Fifth Circuit
593 F.2d 649 (1979)

Facts

Susie Salter (plaintiff), acting as the executrix of Rufus Salter’s estate, brought a lawsuit against Upjohn Co. (defendant). Salter noticed depositions in the matter, including one of Upjohn’s president, William Hubbard. Both Upjohn and Hubbard were located in Kalamazoo, Michigan. On Upjohn’s motion for a protective order, the trial court vacated Salter’s deposition notice of Hubbard, apparently because Salter was scheduled to depose other employees of Upjohn such that a deposition of Hubbard might not be necessary. Some time later, Salter moved to compel Hubbard’s deposition in Montgomery, Alabama. Salter apparently did not specify why she now needed Hubbard’s deposition or why it should to be taken in Montgomery rather than Kalamazoo. The court denied her motion. Several months thereafter, Salter again moved to compel Hubbard’s deposition. She requested that it either be taken in Montgomery or that Upjohn pay Salter’s expenses to take the deposition in Kalamazoo. The court denied her motion. Salter appealed.

Rule of Law

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Issue

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Holding and Reasoning

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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