Topic: need not be persuasive at that stage, but the evidence must… · Go Syfert
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Topic #4493

5 canonical passages across 4 cases, quoted by 74 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 Estate of Patrick P. Smith v. Cumberland County.

#Case FlagCanonical passage Citers
1 Estate of Patrick P. Smith v. Cumberland County Anchor
me · 2013
green “need not be persuasive at that stage, but the evidence must be sufficient to allow a fact-finder to make a factual determination without speculating.” 31
2 Dyer v. Department of Transportation
me · 2008
green “of material fact exists if the claimed fact would require a factfinder to” 18
3 Stanley v. Hancock County Commissioners
me · 2004
green “must explicitly admit, deny or qualify facts by reference to each numbered paragraph, and a denial or qualification must be supported by a record citation.” 11
4 Dyer v. Department of Transportation
me · 2008
green “choose between competing versions of the truth.” 10
5 Kay H. Cox v. Commonwealth Land Title Insurance Co.
me · 2013
green “regardless of extrinsic evidence, if the complaint-read in conjunction with the policy-reveals a mere potential that the facts may come within the coverage, then the duty to defend exists.” 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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