Summary Judgment Flashcards
Rule 56 Standard
The court shall grant SJ if the movant shows that there is no genuine dispute of material fact
What is a Material Fact
Whether a fact is material or not depends on the substantive law of the claim at issue - the fact must affect the outcome of the case under the applicable rule of law
In other words, a fact that a party must prove to prevail
Genuine Dispute Inquiry
Judge is supposed to consider if the evidence is such that a reasonable jury can return a verdict for the non-moving party - if there can only be one reasonable conclusion that the jury can draw, then SJ is appropriate. If reasonable minds can differ, then SJ can’t be granted
Purpose of SJ
- free up resources
- save time/money
- weed out cases that don’t need to go to trial
Celotex - D’s burden
Moving party bears the initial responsibility of informing the court of the basis for its motion and identifying facts in the record that show no genuine dispute of material fact
Do this by showing:
- affirmative evidence
- evidence counteracting what P is offering
Anderson - P’s burden
If P is moving, they have to show sufficient, affirmative, undisputed material facts to support its claim
Matsushita
The nonmoving party has to do more than show some metaphysical doubt as to material facts offered by the moving party to establish that there are specific facts showing a dispute
Rule 56(c) - Codifies Celotex
Says that parties must rely on the records and parties have to show that it can be admissible at trial
Can cite to anything in (A) or show (B)
How must the court assess the evidence?
- The court must assess the evidence in a light most favorable to the non-moving party (Anderson/Tolan)
- The court can’t weigh evidence or assess credibility; but it can consider whether the party’s factual contentions are plausible (Tolan)
