essential factual claim in Tennessee

2014In order to negate an essential element of the claim, “the moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Martin, 271 S.W.3d at 84 (citing Blair, 130 S.W.3d at 768 ).

2013Co., 271 S.W.3d 76, 83 (Tenn. 2008) (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 5 (Tenn. 2008)).5 In order to negate an essential element of the claim, “the moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Id. at 84 (citing Blair, 130 S.W.3d at 768 ).

2015Hannan v. Alltel Publ’g Co., 270 S.W.3d 1 , 8–9 (Tenn. 2008).6 To negate an essential element of the claim, such as causation, the moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.

2015“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party’s *620 claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.” Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 5 (Tenn.2008)). 5 In order to negate an essential element of the claim, “the moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Id. at 84 (citing Bla

2015“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party’s *620 claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.” Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel Publ’g Co., 270 S.W.3d 1, 5 (Tenn.2008)). 5 In order to negate an essential element of the claim, “the moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Id. at 84 (citing Bla

2015The defendants “point[ed] to evidence that tend[ed] to disprove an essential factual claim made by the nonmoving party,” Martin, 271 S.W.3d at 84 , disproving the existence of damages.

2014“It is not enough for the moving party to challenge the nonmoving party to ‘put up or shut up’ or even to cast doubt on a party’s ability to prove an element at trial.” Hannan, 270 S.W.3d at 8 .8 “If the moving party is unable to make the required showing, then its motion for summary judgment will fail.” Martin, 271 S.W.3d at 83 (citing Byrd v. Hall, 847 S.W.2d 208, 215 (Tenn. 1993)).

2013“It is not enough for the moving party to challenge that nonmoving party to ‘put up or shut up’ or even to cast doubt on a party’s ability to prove an element at trial.” Hannan, 270 S.W.3d at 8 . 11 “If the moving party is unable to make the required showing, then its motion for summary judgment will fail.” Martin, 271 S.W.3d at 83 (citing Byrd v. Hall, 847 S.W.2d 208, 215 (Tenn.1993)).

2011Id. (citing McCarley [v. Quality Food Serv., 960 S.W.2d 585, 588 (Tenn. 1988)] “[T]he moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Id. (citing Blair [v. Town Hall, 130 S.W.3d 761, 768 (Tenn. 2004)].

2011Id. (citing McCarley [v. Quality Food Serv., 960 S.W.2d 585, 588 (Tenn. 1988)] “[T]he moving party must point to evidence that tends to disprove an essential factual claim made by the nonmoving party.” Id. (citing Blair [v. Town Hall, 130 S.W.3d 761, 768 (Tenn. 2004)].