Topic: it is the movant's burden to show that no genuine factual d… · Go Syfert
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Topic #168

8 canonical passages across 7 cases, quoted by 812 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 Vermont Teddy Bear Company, Inc. v. 1-800 Beargram Company.

#Case FlagCanonical passage Citers
1 Vermont Teddy Bear Company, Inc. v. 1-800 Beargram Company Anchor
ca2 · 2004
green “it is the movant's burden to show that no genuine factual dispute exists.” 190
2 Brod v. Omya, Inc.
ca2 · 2011
green “the role of the court is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried.” 153
3 Royal Crown Day Care LLC v. Department of Health & Mental Hygiene
ca2 · 2014
green “on a motion for summary judgment, a fact is material if it might affect the outcome of the suit under the governing law.” 130
4 Wright v. Goord
ca2 · 2009
green “when a motion for summary judgment is properly supported by documents or other evidentiary materials, the party opposing summary judgment may not merely rest on the allegations or denials of his pleading . . . .” 76
5 Guardian Life Insurance v. Gilmore
nysd · 2014
green “when a motion for summary judgment is properly supported by documents or other evidentiary materials, the party opposing summary judgment may not merely rest on the allegations or denials of his pleading . . . .” 74
6 Cilp Associates, L.P. v. Pricewaterhouse Coopers LLP
ca2 · 2013
green “however, when the burden of proof at trial would fall on the nonmoving party, it ordinarily is sufficient for the movant to point to a lack of evidence to go to the trier of fact on an essential element of the nonmovant's claim,” 73
7 Nora Beverages, Inc. v. Perrier Group Of America, Inc.
ca2 · 1998
green “where a party relies on affidavits . . . to establish facts, the statements 'must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant . . . is competent to testify on the matters stated.” 64
8 Brod v. Omya, Inc.
ca2 · 2011
green “construe the facts in the light most favorable to the non-moving party and . . . resolve all ambiguities and draw all reasonable inferences against the movant.” 52

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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