Summary Judgement

Question 1

Rule for SJ

Answer 1

56

Question 2

How SJ works

Answer 2

-if there is no genuine dispute of one or more material facts, the case can be resolved by applying the rule of law to those facts and arriving at a conclusion. 56a

Question 3

Cases for SJ

Answer 3

Anderson
Celotex
Coble
Tolan
Matsushita

Question 4

Anderson

Answer 4

• When determining whether a fact is material, we must look to substantive law and think what will affect the outcome of the suit?
• Whatever evidentiary burden is applicable to those facts, and whether there is genuine dispute will be applicable when assessing whether to grant SJ
• COURTS CANT WEIGH EVIDENCE OR ASSESS CREDIBILITY OF FACTS

Question 5

Celotex

Answer 5

• party moving for SJ has responsibility of showing court basis of its motion (if they bear burden of proof)
• they can show court P has absence of material fact in order to establish complaint and show why there is no dispute bc something wrong w claim P offered
• party opposing motion must offer authenticated evidence to show dispute of material facts

Question 6

Rule 56(c)

Answer 6

• Codifies Celotex
• parties moving/opposing can cite to material in the record to show materials do not establish absence/presence of genuine dispute.
• both parties can object to facts of opposing party on grounds that they cannot be presented in an admissible form (56c2)

Question 7

56d

Answer 7

non-moving party can get more time to obtain facts through discovery if it can present facts essential to justify its opposition at that time.

Question 8

Tolan/Coble

Answer 8

All justifiable inferences must be made in favor of nonmoving party only if there is a dispute to those facts

Question 9

Dif b/w SJ and MTD

Answer 9

1. MTD happens in pleadings; SJ relies on info gained in discovery.
2. MTD moving party argues even if facts are true, P not met burden of pleading and failed to state claim; SJ argues there is no genuine dispute of material facts as indicated thru evidence and pleadings
3. MTD happens after initial pleading; SJ usually happens after discovery concluded or up to 30 days after close of discovery
4. MTD sought by D; SJ can be filed by any party even on P’s own claims. Court can also grant sua sponte after giving parties opportunity to be heard (56f)

Question 10

Matsushita

Answer 10

Moving party must show more than some metaphysical doubt as to material facts.