focal point standard (Mississippi) · Go Syfert
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focal point standard in Mississippi

9 Mississippi opinions name it 2 courts 1994–2022 1 in the last five years

The cases below were cited by Mississippi 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.

Followed or applied (5)

CaseFollowedCited
Simmons v. Thompson MacHinery of Miss., Inc.green
miss · 1994 · cited in 5 Mississippi opinions naming this issue, 2017–2022
2 sentences

2022Inc., 631 So. 2d 798, 801 (Miss. 1994) (emphasis added).

2017But the mere existence of disputed facts does not preclude summary judgment: “The focal point of our standard for summary judgment is on material facts[,]” by which we mean those facts “that matter ... in an outcome determinative sense.” Simmons v. Thompson Mach. of Miss., Inc., 631 So.2d 798, 801 (Miss. 1994).

45
Erby v. North Mississippi Medical Centergreen
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1997–1999
2 sentences

1999"The focal point of our standard for summary judgment is on material facts." Erby v. North Mississippi Medical Center, 654 So.2d 495, 499 (Miss.1995).

1997"The focal point of our standard for summary judgment is on material facts." Erby v North Mississippi Medical Center, 654 So. 2d 495, 499 (Miss. 1995).

22
Shaw v. Burchfieldgreen
miss · 1985 · cited in 2 Mississippi opinions naming this issue, 1994–1995
2 sentences

1995In Shaw v. Burchfield, 481 So.2d 247, 252 (Miss. 1985), we said: The summary judgment movant has a burden of persuasion; a burden to establish that there is no genuine issue of material fact to be tried.

1994In Shaw v. Burchfield, 481 So.2d 247 (Miss. 1985), we said: The summary judgment movant has a burden of persuasion; a burden to establish that there is no genuine issue of material fact to be tried.

12
Sanders v. Advanced Neuromodulation Systems, Inc.green
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017“The existence of a hundred contested issues of fact will not thwart summary judgment where there is no genuine dispute regarding the material issues of fact.” Sanders v. Advanced Neuromodulation Sys., Inc., 44 So.3d 960, 965 (¶ 11) (Miss. 2010) (quoting Moss v. Batesville Casket Co., 935 So.2d 393, 399 (¶ 17) (Miss. 2006)). ¶ 15.

11
Moss v. Batesville Casket Co., Inc.green
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017“The existence of a hundred contested issues of fact will not thwart summary judgment where there is no genuine dispute regarding the material issues of fact.” Sanders v. Advanced Neuromodulation Sys., Inc., 44 So.3d 960, 965 (¶ 11) (Miss. 2010) (quoting Moss v. Batesville Casket Co., 935 So.2d 393, 399 (¶ 17) (Miss. 2006)). ¶ 15.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Tiffany Griffin v. Grenada Youth League green
missctapp · 2017
1 sentence

2019“But the mere existence of disputed facts does not preclude summary judgment: ‘The focal point of our standard for summary judgment is on material facts,’ by which we mean those facts ‘that matter in an outcome determinative sense.’” Id. (quoting Simmons v. Thompson Mach. of Miss.

12019–2019

Where else courts name it

PA 50 (1990–2026) LA 21 (1983–2004) MN 10 (1988–2024) MS 9 (1994–2022) AL 9 (1983–2007) IN 8 (1981–2008) CT 6 (1976–2012) OH 6 (2007–2022) MI 6 (1973–2025) NY 6 (1981–1986) NJ 5 (1955–2017) AR 5 (2003–2021) NE 3 (1985–1990) UT 3 (1945–1999) HI 3 (2005–2007) FL 3 (1963–2014) WV 3 (1978–2024) IA 3 (2014–2023) VA 2 (2003–2009) CA 2 (1982–1994)

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.

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