Topic: a failure on the part of the nonmoving party to offer proof… · Go Syfert
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Topic #1594

7 canonical passages across 4 cases, quoted by 175 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Adams v. Travelers Indemnity Co..

#Case FlagCanonical passage Citers
1 Adams v. Travelers Indemnity Co. Anchor
ca5 · 2006
green “a failure on the part of the nonmoving party to offer proof concerning an essential element of its case necessarily renders all other facts immaterial and mandates a finding that no genuine issue of fact exists.” 41
2 Crowe v. Henry
ca5 · 1997
green “a factual dispute is 'genuine,' if the evidence is such that a reasonable trier of fact could return a verdict for the nonmoving party.” 32
3 Lynch Properties, Inc. v. Potomac Insurance
ca5 · 1998
green “the moving party bears the initial burden of identifying those portions of the pleadings and discovery in the record that it believes demonstrate the absence of a genuine issue of material fact, but is not required to negate elements of the nonmoving party's case.” 32
4 Weeks Marine, Inc. v. Fireman's Fund Insurance Company
ca5 · 2003
green “issue is material if its resolution could affect the outcome of the action.” 32
5 Lynch Properties, Inc. v. Potomac Insurance
ca5 · 1998
green “specific facts showing a genuine issue for trial and not rest upon the allegations or denials contained in its pleadings.” 24
6 Weeks Marine, Inc. v. Fireman's Fund Insurance Company
ca5 · 2003
green “an issue is material if its resolution could affect the outcome of the action.” 10
7 Weeks Marine, Inc. v. Fireman's Fund Insurance Company
ca5 · 2003
green “could affect the outcome of the action.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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