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5 Utah opinions name it 2 courts 1994–2023 2 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Salo v. Tylergreen2 sentences2023“A movant who seeks summary judgment on a claim on which it will bear the burden of persuasion at trial cannot seek summary judgment without producing affirmative evidence in support of the essential elements of its claim.” Id. 2021See Salo v. Tyler, 2018 UT 7, ¶ 26 , 417 P.3d 581 (“A movant who seeks summary judgment on a claim on which it will bear the burden of persuasion at trial cannot seek summary judgment without producing affirmative evidence in support of the essential elements of its claim.”). | 1 | 2 |
Orvis v. Johnsongreen2 sentences2023“But a movant who seeks summary judgment on a claim on which the nonmoving party bears the burden of persuasion may show that there is no genuine issue of material fact without producing its own evidence.” Id. (emphasis added); see also Orvis v. Johnson, 2008 UT 2, ¶ 18 , 177 P.3d 600 (stating that “where the nonmoving party will bear the burden of proof at trial,” a movant “may satisfy its burden on summary judgment” simply by demonstrating a lack of evidence supporting the movant’s position, and at that point “the burden then shifts to the nonmoving party” to “set forth specific facts showin 2023“But a movant who seeks summary judgment on a claim on which the nonmoving party bears the burden of persuasion may show that there is no genuine issue of material fact without producing its own evidence.” Id. (emphasis added); see also Orvis v. Johnson, 2008 UT 2, ¶ 18 , 177 P.3d 600 (stating that “where the nonmoving party will bear the burden of proof at trial,” a movant “may satisfy its burden on summary judgment” simply by demonstrating a lack of evidence supporting the movant’s position, and at that point “the burden then shifts to the nonmoving party” to “set forth specific facts showin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Ex Rel. Road Commission v. Jacobs
green
2 sentences2018Road Comm'n v. Jacobs , 16 Utah 2d 167 , 397 P.2d 463 , 464 (1964), the court abuses its discretion when it denies the landowner a fair opportunity to develop the essential elements of his claim. 2018Road Comm'n v. Jacobs , 16 Utah 2d 167 , 397 P.2d 463 , 464 (1964), the court abuses its discretion when it denies the landowner a fair opportunity to develop the essential elements of his claim. | 1 | 2018–2018 |
Lane Myers Construction, LLC v. National City Bank
green
1 sentence2014It did so on the ground that the draw requests failed to incorporate the essential elements of the waiver form provided in Utah Code section 38-1- 39(4). ¶17 We read the statute somewhat differently than the court of appeals, but also take issue with the breadth of the standard 6 Cite as: 2014 UT 58 Opinion of the Court employed by the district court. | 1 | 2014–2014 |
D & L SUPPLY v. Saurini
green
1 sentence1994Under Utah Rule of Civil Procedure 56(e), the burden then shifted to Thayne to provide some evidence, by affidavit or otherwise, in support of the essential elements of his claim. 6 Thayne, as the party opposing Beneficial’s properly supported motion, had “an affirmative duty to respond with affidavits or other materials allowed by rule 56(e).” D & L Supply, 775 P.2d at 421 . | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.