Topic: to determine whether genuine issues of material fact make a… · Go Syfert
← All topics

Topic #1767

7 canonical passages across 7 cases, quoted by 158 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 Argo v. Blue Cross & Blue Shield of Kansas, Inc..

#Case FlagCanonical passage Citers
1 Argo v. Blue Cross & Blue Shield of Kansas, Inc. Anchor
ca10 · 2006
green “to determine whether genuine issues of material fact make a jury trial necessary, a court necessarily may consider only the evidence that would be available to the jury.” 46
2 Zia Shadows, L.L.C. v. City of Las Cruces
ca10 · 2016
green “view the factual record and draw all reasonable inferences therefrom most favorably to the nonmovant.” 42
3 Bones v. Honeywell International, Inc.
ca10 · 2004
green “mere reargument of his case or a denial of an opponent's allegation” 29
4 Bryant v. Farmers Insurance Exchange
ca10 · 2005
green “if the evidence is presented in the form of an affidavit, the rules of civil procedure specifically require a certain type of admissibility, i.e., the evidence must be based on personal knowledge.” 15
5 Crowe v. ADT Security Services, Inc.
ca10 · 2011
green “it is not the party opposing summary judgment that has the burden of justifying its claim; the movant must establish the lack of merit.” 11
6 Alpine Bank v. Hubbell
ca10 · 2009
green “it is not the party opposing summary judgment that has the burden of justifying its claim; the movant must establish the lack of merit.” 9
7 Dan Cantrell and Larry Holt v. International Brotherhood of Electrical Workers, Afl-Cio, Local 2021
ca10 · 1995
green “to a party that was only partially successful.” 6

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check