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Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all designated evidence in the light most favorable to the party opposing the summary judgment motion.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), is a United States Supreme Court case articulating the standard for a trial court to grant summary judgment.Summary judgment will lie when, taking all factual inferences in the non-movant's favor, there exists no genuine issue as to a material fact and the movant deserves judgment as a matter of law.
A "motion for summary judgment" asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party. This motion is usually only made when sufficient time for discovering all evidence has expired.
The summary judgment for tortious contract interference was vacated and remanded to the district court for further consideration because the requirements for summary judgment - that as a matter of law, judgment could only possibly be found in favor of one party even when all disputed facts are considered in a light most favorable to the other ...
Holding; To survive a motion for a summary judgment, a plaintiff seeking damages for a violation of § 1 of the Sherman Act must present evidence "that tends to exclude the possibility" that the alleged conspirators acted independently, such that the inference of a conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed ...
Summary execution, an execution in which a person is accused of a crime and then immediately killed without benefit of a full and fair trial. Summary judgment. A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209.
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
Smith authored the majority opinion affirming the denial of summary judgment based on qualified immunity, where a deputy sheriff fatally shot a 13-year-old boy. Viewing the facts in the light most favorable to the plaintiffs, the panel concluded that the deputy deployed deadly force within seconds after exiting his vehicle while the boy was ...
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