Summary Judgment

Question 1

Adickes v. SH Kress and Co

Answer 1

alleges conspiracy between kress and the police - as the moving party, kress had the burden of showing the absence of a genuine issue as to any material fact - on summary judgment the inferences to be drawn from the underlying facts contained in the moving partys materials must be viewed in the light most favorable to the party opposing the motion

Question 2

Celotex Corp. v. Catrett

Answer 2

widowed woman sued us alleging husband died from exposure to asbestos - we fine no express or implied requirement in rule 56 that the moving party supports its motion with affidavits or other similar materials negating the opponents claim - in cases like the instant one, where the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the pleadings depositions answers to interrogatories and admissions on file - the burden on the moving party may be discharged by showing that is pointing out to the district court that there is an absence of evidence to support the nonmoving partys case

Question 3

FRCP 56a Motion for Summary Judgment or Partial Summary Judgment

Answer 3

a party may move for sj id each claim or defense on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
* (c ) procedures
○ (1) supporting factual positions - a party asserting that a fact cannot be or is genuinely disputed must support the assertion by
§ (a) citing to particular parts of materials in the record including depositions documents electronically stored information affidavits or declarations stipulations or
§ (b) showing that the materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot produce admissible evidence to support the fact

Question 4

The Shifting Burdens of Summary Judgment
IF THE DEFENDANT (PARTY WITHOUT THE BURDEN OF PROOF AT TRIAL) MOVES FOR SJ

Answer 4

• (1) Defendant must either show that the plaintiffs evidence is insufficient to establish an essential element of the claim or submit affirmative evidence negating an essential element
  ○ D fails - ds motion is denied and the claim goes to trial
  ○ D succeeds
  
  • (2) p must id specific evidence that establishes a genuine dispute of material fact
    ○ P fails - ds motion is granted and the claim is dismissed
    ○ P succeeds - ds motion is denied and the claim goes to trial

Question 5

The Shifting Burdens of Summary Judgment
IF THE PLAINTIFF (PARTY WITH THE BURDEN OF PROOF AT TRIAL) MOVES FOR SJ

Answer 5

• P must produce affirmative evidence that would entitle it to judgment as a matter of law (ie the evidence is enough for a reasonable jury to conclude it proves all the elements of its claim if uncontroverted at trial
  ○ P fails - ps motion is denied and the claim goes to trial
  ○ P succeeds -
  
  • D must id specific evidence that establishes a genuine dispute of material fact
    ○ D fails - ps motion is granted and p wins the claim
    ○ D succeeds - ps motion is denied and the claim goes to trial