Summary Judgment Flashcards
What is summary judgment?
The case is decided on the merits as a matter of law.
Who can initiate summary judgment?
- A party under 56(a)
2. The court, sua sponte, under 56(f)
When can summary judgment be motioned?
56(b) any time until 30 days after the close of all discovery
What is the standard for granting summary judgment (broad)?
SJ will be granted when the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Is the dispute material?
A material dispute is one that might affect the outcome of the case.
Is the dispute of facts genuine?
When a reasonable jury could rule for either side
When is the dispute not genuine?
When one of the stories is blatantly contradicted by the record so that no reasonable jury could believe it (Scott v. Harris)
How does a court evaluate facts under a SJ motion when there is a genuine dispute?
Facts are viewed in the light most favorable to the non-moving party. The non-movant gets the benefit of the doubt unless the material fact is one-sided
How does a moving party win a SJ motion?
56(c)(1)
(A)Support motion by affirmatively disproving opponent’s elements or
(B) Point out that the opponent has not established their case and will not meet their burden of proof.
What rule did Celotex v. Catrett enunciate?
A party motioning for SJ does not need to affirmatively disprove the opponent’s case for a SJ motion to succeed.
How does a non-moving party respond to a SJ motion?
Respond with facts showing the dispute is genuine
How is SJ consistent with a right to jury trial?
If after discovery the facts only support one side, then there are no facts for the jury to resolve.
Benefits:
a. dispose of factually unsupported claims and defenses
b. Support efficiency
Partial Summary Judgment
54(b): Summary judgment may be granted with respect to certain claims even when it is not granted with respect to all claims.
