Topic: only when that burden has been met does the burden shift to… · Go Syfert
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Topic #496

7 canonical passages across 6 cases, quoted by 418 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 Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc..

#Case FlagCanonical passage Citers
1 Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc. Anchor
ca11 · 1991
green “only when that burden has been met does the burden shift to the non-moving party to demonstrate that there is indeed a material issue of fact that precludes summary judgment.” 114
2 Karen Miranda v. B & B Cash Grocery Store, Inc., Karen Miranda v. B & B Cash Grocery Store, Inc.
ca11 · 1992
green “if reasonable minds could differ on the inferences arising from undisputed facts, then a court should deny summary judgment.” 103
3 Cornelious Howard v. Bp Oil Company, Inc.
ca11 · 1994
green “must make a sufficient showing to establish the existence of each essential element to that party's case, and on which that party will bear the burden of proof at trial.” 66
4 Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth Day
ca11 · 1990
green “a mere 'scintilla' of evidence supporting the non-moving party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party.” 54
5 P. David Bailey v. Allgas, Inc.
ca11 · 2002
green “the mere existence of some evidence to support the non-moving party is not sufficient for denial of summary judgment; there must be 'sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” 52
6 Cornelious Howard v. Bp Oil Company, Inc.
ca11 · 1994
green “the non-moving party must make a sufficient showing to establish the existence of each essential element to that party's case, and on which that party will bear the burden of proof at trial.” 19
7 The Hinesville Bank v. Pony Express Courier Corp.
ca11 · 1989
green “if reasonable minds might differ on the inferences arising from undisputed facts, then a court should deny summary judgment.” 10

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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