Coble v. City of White House
Facts: Coble gets pulled over Carney for speeding. Coble ignores Carney’s orders to cooperate, and Carney pepper sprays Coble. In the ensuing action, Coble hurts his leg. Coble alleges that Carney forced him to walk on a visibly damaged leg, while Carney testifies that he told Coble to sit when he was made aware that Coble’s leg was hurt. The court used an audio recording from Carney’s body microphone as evidence.
Rule: Facts must be viewed in the most favorable circumstances to the non-moving party unless contradicted by the evidence directly.
Situations where Summary Judgment is Appropriate
1) The parties may agree on the facts and have dispute about the law
2) Parties disagree about the facts, but there is no “genuine” dispute. One side has so little evidence that no reasonable jury could find for that side.
Ultimately, if the defendant moves for summary judgment, the judge must ask themselves whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented.
Motion for Summary Judgment
Rule 56a:
No genuine dispute as to any material fact; AND
The movant is entitled to judgment as a matter of law.
Material Fact
Determined by substantive law and one that might affect the outcome of the case.
There is a genuine dispute if a reasonable jury could return a verdict in favor of the non moving party.
Time to File Motion for Summary Judgment
[56b]
Can be filed until 30 days after the close of all discovery, unless different time set by local rule or the court orders otherwise
Procedures for Summary Judgment
56c
Failing to Properly Support or Address a Fact
56e
The court may:
1) Give opportunity to properly support or address fact
2) Consider fact undisputed for purposes of motion
3) Grant summary judgment if motion and supporting materials—including facts considered undisputed—show that the movant is entitled to it; or
4) Issue any other appropriate order
Judgment as a Matter of Law [JMOL]
[50a1]
If party has been fully heard during trial and court finds a reasonable jury would not have legally sufficient evidentiary basis to find for that party, the court may:
1) Resolve issue against the party
2) Grant a motion for judgement as a matter of law against the party on a claim or defense, the controlling law, can be maintained or defeated only with a favorable finding on that issue.
When may a JMOL be filed?
[50a2]
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury.
JMOL and RJMOL CANNOT BE SUA SPONTE [Done by court] ONLY BY PARTY
Renewed Motion for Judgment as a Matter of Law [RJMOL]
If court does not grant JMOL, the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion.
No later than 28 days after entry of judgment can the movant file a RJMOL.
In ruling on the RJMOL, the court may
- Allow judgment on the verdict, if jury returned a verdict
- Order a new trial
- Direct the entry of judgment as a matter of law
Grounds for a New Trial
Rule 59(a)(1): The court may, on motion, grant a new trial on all or some issues—and to any party—as follows:
(A): After a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court
(B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court.
Time to File a Motion for a New Trial
[59b]
A motion for a new trial must be filed no later than 28 days after the entry of judgment.
Court Sua Sponte New Trial
[59d]
A court can sua sponte grant a new trial, only on the grounds that the verdict by the jury is against the clear weight of the evidence.
NO LATER THAN 28 DAYS AFTER ENTRY OF JUDGMENT
Ask yourself on exam
Who is moving for Summary Judgment?
What are they moving for Summary Judgment on?
Celotex Roadmap if MOVANT carries Burden of Persuasion
Party Moving for SJ
|INITIAL BURDEN OF PRODUCTION|
If MOVANT carries burden of persuasion at trial, movant must show:
1) Credible evidence to support directed verdict at trial
|SHIFTED BURDEN OF PRODUCTION|[56e]
If MOVANT carries burden of persuasion at trial, NONMOVANT must show:
1) Evidentiary materials demonstrating existence
OR
2) Affidavit requesting additional time for discovery [56d]
|ULTIMATE BURDEN OF PERSUASION|
EVALUATE:
1. Entire setting of case; entire record and SJ materials
2. Whether it is clear that trial is unnecessary
3. Whether there is any doubt as to existence of genuine issue for trial (to be resolved against moving party)
Celotex Roadmap if NONMOVANT carries Burden of Persuasion
Party Opposing SJ
|INITIAL BURDEN OF PRODUCTION|
If NONMOVANT carries burden of persuasion at trial, movant must show:
1) Affirmative evidence negating essential element of nonmoving party’s claim (Dyer)
2) Nonmoving party’s evidence is absent or insufficient to establish essential element of nonmoving party’s claim (Celotex)
|SHIFTED BURDEN OF PRODUCTION|[56e]
If NONMOVANT carries burden of persuasion at trial, NONMOVANT must show sufficient evidence
|ULTIMATE BURDEN OF PERSUASION|
EVALUATE:
1. Entire setting of case; entire record and SJ materials
2. Whether it is clear that trial is unnecessary
3. Whether there is any doubt as to existence of genuine issue for trial (to be resolved against moving party)
