Topic: the party seeking summary judgment bears the burden of esta… · Go Syfert
← All topics

Topic #3241

6 canonical passages across 6 cases, quoted by 97 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 Rodriguez v. City of New York.

#Case FlagCanonical passage Citers
1 Rodriguez v. City of New York Anchor
ca2 · 1995
green “the party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish the movant's right to judgment as a matter of law.” 27
2 Lipton v. The Nature Company
ca2 · 1995
green “sufficient specific facts to establish that there is a genuine issue of material fact for trial.” 18
3 In the Matter of Barry Stuart Udell, Debtor-Appellee. Appeal of the Standard Carpetland Usa, Inc.
ca7 · 1994
green “absent overriding federal interest, state law determines property rights in assets of bankrupt's estate” 13
4 Golden Pacific Bancorp v. Federal Deposit Insurance Corporation
ca2 · 2004
green “must show that the defendant was enriched at the plaintiff's expense and that equity and good conscience require the plaintiff to recover the enrichment from the defendant.” 13
5 Pandora Industries, Inc. v. Paramount Communications Inc. (In Re Wingspread Corp.)
nysd · 1992
green “the relevant question in the subrogation context is not simply whether the party was directly liable, but rather whether its payment was used to satisfy another's obligation.” 13
6 Cornmesser v. Swope (In Re Cornmesser's, Inc.)
pawb · 2001
green “every court that has expressly applied section 509(b)(2) has held that it excludes those who are primarily liable for the debt from subrogation because they received consideration for paying the debt.” 13

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