Summary Judgement

Question 1

FRCP 56 - Topic

Answer 1

Summary Judgement

Question 2

FRCP 56(a) - Motion for Summary Judgement of Part of Summary Judgment

Answer 2

Party may move for summary judgment when they identify each claim or defense or the party of each claim of defense in which summary judgment is sought.

Movant must show there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.

Court should state the reason they are granting or denying the motion.

Question 3

FRCP 56(b) - Time to file the motion

Answer 3

A party may file for summary judgment at any time until 30 days after the close of all discovery.

Unless a different time is set by the local court.

Question 4

FRCP 56(c)(1-4) - Procedures

Answer 4

(1) the motion must show that there is no genuine dispute of material facts by
(A) citing to particular parts of material on the record and
(B) showing that the materials cited des not/does establish genuine dispute

(2) material cited must be admissable

(3) court only needs to consider cited materials

(4) if you use an affidavit or declarations to support you, the person must know the facts first hand, they must be admissable, and the person must be able to testify

Question 5

FRCP 56 (d) (1-3) when facts are unavailable to the non-movant

Answer 5

if the nonmoving shows that the cannot present facts essential to justify their position, the court can

(1) defer considering the motion or deny it
(2) allow time to obtain affidavits or declarations or to take discovery; or
(3) issue any other appropriate order

Question 6

FRCP 56 (e)(1-4) - Failing to Support or Properly Address a Fact

Answer 6

(1) Give an opportunity to properly support or address the fact;

(2) Consider the fact undisputed for purposes of the motion;

(3) grant summary judgement if the motion and supporting materials show that the movant is entitled to it; or

(4) issue any other appropriate order

Question 7

FRCP 56 (f)(1-3) - Judgment independent of the motion

Answer 7

After giving notice and a reasonable time to respond, the court may;

(1) grant summary judgment for non movant
(2) grant the motion for reasons that neither party brought up; or
(3) point out the facts that are not in dispute and move for summary judgment on their own

Question 8

FRCP 56 (h) - Affidavit or Declaration Submitted in Bad Faith

Answer 8

The court may order the submitting party to pay the other party reasonable expenses, be held in contempt, or subjected to appropriate sanctions

Question 9

FRCP 56 (g) - Failing to Grant All the Request Relief

Answer 9

If the court decides part of the case but doesn’t give a full answer to everything asked for, it can either fix that or explain why it didn’t.

Question 10

Facts From Adickes

Answer 10

White school teacher, students in cafe, inferred that manager tried to have her arrested after he refused service, no affidavits

Question 11

Rule from Adickes

Answer 11

Not the modern standard - The moving party has to show conclusive evidence that the claim is false

Question 12

Facts from Celotex

Answer 12

wrongful death suit over husband’s death due to asbestos, Celotex moved for summary judgment without conclusory proof, court found for celotex

Question 13

Rule from Celotex

Answer 13

Modified Adickes - The proof from the moving party does not have to be conclusory, but they have to reference the discovery record to support their contention, can show that the other side did not support their claim

Question 14

Facts from Bias

Answer 14

NBA draft, drug overdose, life insurance, parents said he didn’t do drugs, teammates cited specific times that he did

Question 15

Rule from Bias

Answer 15

Specific evidence > generalized claims when you are trying to rebut a claim