Topic: the evidence of the non-movant is to be believed, and all j… · Go Syfert
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Topic #521

17 canonical passages across 11 cases, quoted by 403 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 Amanda Riggio v. Wal-Mart Stores, Incorporated.

#Case FlagCanonical passage Citers
1 Amanda Riggio v. Wal-Mart Stores, Incorporated Anchor
ca5 · 2017
green “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” 90
2 Tubacex, Inc. v. M/V Risan
ca5 · 1995
green “designate specific facts showing that there is a genuine issue for trial.” 87
3 James Hefren v. Murphy Expl & Prodn Co., USA, et a
ca5 · 2016
green “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” 31
4 Johnson v. Deep East Texas Regional Narcotics Trafficking Task Force
ca5 · 2004
green “identify specific evidence in the record and articulate the manner in which that evidence supports that party's claim.” 27
5 Norwegian Bulk Transport A/S v. International Marine Terminals Partnership
ca5 · 2008
green “the moving party bears the burden of establishing that there are no genuine issues of material fact.” 27
6 Lonny Acker v. General Motors, L.L.C.
ca5 · 2017
green “conclusional allegations and denials, speculation, improbable inferences, unsubstantiated assertions, and legalistic argumentation.” 25
7 Carleen Black v. Pan American Laboratories
ca5 · 2011
green “should review the record as a whole.” 18
8 Johnson v. Deep East Texas Regional Narcotics Trafficking Task Force
ca5 · 2004
green “articulate the manner in which that evidence supports that party's claim.” 17
9 White v. Wal-Mart Stores, Inc.
la · 1997
green “a claimant who simply shows that the condition existed without an additional showing that the condition existed for some time before the fall has not carried the burden of proving constructive notice as mandated by the statute.” 14
10 Amanda Riggio v. Wal-Mart Stores, Incorporated
ca5 · 2017
green “all facts and inferences in favor of the nonmoving party.” 12
11 Amanda Riggio v. Wal-Mart Stores, Incorporated
ca5 · 2017
green “the evidence of the non- movant is to be believed, and all justifiable inferences are to be drawn in his favor.” 11
12 Eric Tiblier v. Paul Dlabal
ca5 · 2014
green “factual disputes that are irrelevant or unnecessary will not be counted.” 10
13 Melancon v. Popeye's Famous Fried Chicken
lactapp · 2011
green “the burden of proof does not shift to the defendant at any point, and failure to prove any one of these elements negates a plaintiff's cause of action.” 10
14 White v. Wal-Mart Stores, Inc.
la · 1997
green “though the time period need not be specific in minutes or hours, constructive notice requires that the claimant prove the condition existed for some time period prior to the fall.” 9
15 James Hefren v. Murphy Expl & Prodn Co., USA, et a
ca5 · 2016
green “a genuine dispute of material fact exists 'if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” 6
16 Melancon v. Popeye's Famous Fried Chicken
lactapp · 2011
green “the burden of proof does not shift to the defendant at any point and failure to prove any one of these elements negates a plaintiff's cause of action.” 6
17 Babin v. Winn-Dixie Louisiana, Inc.
la · 2000
green “despite plaintiff's speculation that the condition may have existed for some period prior to plaintiff's fall, plaintiff is clearly unable to make a positive showing that the condition did exist for some period of time prior to his fall.” 3

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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