Summary Judgment
28 groups with Vermont opinions1928–2026
- Burden of Proof at Summary Judgment334 opinions · 1979–2026Reviewing summary judgment standards for material fact issues · Standards for summary judgment and factual inferences · Applying summary judgment standards and material fact determinations
- Materiality of Factual Disputes171 opinions · 1980–2026Determining factual disputes in summary judgment motions · Determining material facts in summary judgment motions · Disputing material facts in summary judgment motions
- Rule 56 Standard and Purpose139 opinions · 1985–2026Determining when summary judgment is appropriate · Trial court's role in summary judgment fact-finding · Applying summary judgment standards and statutory interpretation
- Summary Judgment and Factual Disputes101 opinions · 1991–2026Determining genuine issue of material fact for summary judgment · Caution in summary judgment when state of mind is at issue · Establishing genuine issue of material fact for summary judgment
- Summary judgment; Judgment motions; Burden86 opinions · 1983–2026Mandating summary judgment when essential element is not established · Reviewing evidence sufficiency and summary judgment standards · Deciding facts in summary judgment in favor of nonmoving party
- Summary judgment; Discovery; Rule81 opinions · 1991–2026Summary judgment requires material fact issues for trial · Opposing party's burden to present evidence against summary judgment · Summary judgment timing does not require complete discovery
- Summary judgment; Judgment motions; Burden75 opinions · 1981–2026Allowing second motions for summary judgment after denial · Granting summary judgment when no genuine issue exists · Distinguishing motion for judgment on pleadings from summary judgment
- Summary judgment; Judgment motions; Evidence67 opinions · 1978–2026Distinguishing standards for summary judgment defense · Reviewing summary judgment orders despite horizontal appeal rules · Defining the scope of summary judgment procedure
- Summary judgment; Motions; Evidence50 opinions · 1986–2026Allegations alone cannot create triable issues of fact on summary judgment · Mandating summary judgment after adequate discovery time · Upholding summary judgment regarding pretextual termination claims
- Summary judgment; Judgment motions; Burden44 opinions · 1980–2026Requiring evidence to overcome mere allegations in summary judgment · Evaluating evidence in summary judgment motions · Treat motion to dismiss as summary judgment under rule 56
- Genuine Issues and the Movant's Burden41 opinions · 1982–2025Not resolving disputed facts on summary judgment motions · Determining genuine issues in summary judgment proceedings · Reviewing summary judgment standards and facts
- Affidavit Requirements for Summary Judgment33 opinions · 1928–2026Excluding past recollection recorded as sole evidence · Rejection of argument regarding understanding of charges · Affidavits requiring personal knowledge for summary judgment
- Summary Judgment Notice and Verified Pleadings32 opinions · 1979–2024Defining summary judgment's function and burden of proof · Scrutinizing summary judgment in pro se litigants' cases · Treat verified complaint as affidavit for summary judgment
- Evidence and Motions for Summary Judgment31 opinions · 1987–2024Treating allegations as true in summary judgment motions · Hearsay allegations not supporting summary judgment · Admissibility of evidence in summary judgment motions
- Judgment whistleblower; Summary judgment; Letters credit30 opinions · 1989–2021Determining genuine issues of material fact for summary judgment
- Settlement Agreements and Litigation Resolution Doctrines29 opinions · 1990–2026Determining preclusive effect of stipulated settlement · Voluntary dismissal with prejudice as adjudication on merits · Distinguishing compensation from penalty in contract law
- Summary judgment; Evidence25 opinions · 1999–2025Reviewing summary judgment standards and material facts · District court discretion to allow successive summary judgment motions
- Summary judgment; Will contests; Rule 74.04(c)20 opinions · 1983–2024Rebutting evidence in summary judgment motions · Standard for reviewing motions for summary judgment
- Summary judgment; Proof; Intent18 opinions · 1987–2024Interpreting the burden of proof for summary judgment · Insured's compliance with change of beneficiary clause · Considering outside material on summary judgment motions
- Evidentiary Standards and Burden of Proof17 opinions · 1989–2025Discretion in weighing evidence and determining comparable sales · Viewing evidence through the prism of substantive evidentiary burden · Burden of proof and conjecture in legal proceedings
- Cross-Motions and Constitutional Claims13 opinions · 1986–2026Reviewing summary judgment standards and mootness doctrine · Reviewing summary judgment discretion and motions for relief
- Summary judgment; Rule; Local10 opinions · 1980–2026Applying rule 56 for summary judgment disposition · District court discretion in applying local rules · Managing summary judgment burdens and local rule enforcement
- No-Evidence Summary Judgment9 opinions · 1981–2022Reviewing standards for summary judgment motions · Awarding attorney's fees to prevailing party on summary judgment · Analyzing summary judgment standards and duress
- Summary Judgment Standards and Procedure8 opinions · 2004–2024Reviewing summary judgment standards and factual disputes · Judicial limitations on credibility determinations at summary judgment
- Referendum; Article; Public records6 opinions · 1987–2023Determining if an issue evades judicial review · Legislature's power to prescribe limitations on referendum · Expanding the right to copy public records to mechanical means
- De Novo Review of Summary Judgment5 opinions · 1979–2008Granting summary judgment on preemption and expert testimony issues · Defining the scope of the relevant legal principle · Standard for appellate review of summary judgment motions
- Determining summary judgment and full faith and credit · Reviewing summary judgment in custody dispute involving evaluation
- Vacating partial summary judgment under rule 54(b)
Counts are Vermont courts’ opinions citing pages in each group (an opinion citing two issues counts in both).
How this is built: each issue is a set of opinion pages that later courts cite for the same proposition, grouped from what the citing courts wrote. Names are machine-written from those citations; read the cases before relying on them. Search case law