When can summary judgment occur?
can occur at any moment- but mostly motion is made after discovery
- does not need to be after or during discovery phase
- can be anytime
FRCP 56
provides that the Court shall grant summary judgment if movant shows that there is NO GENUINE DISPUTE AS TO ANY MATERIAL FACT & movant IS ENTITLED TO JUDGMENT AS A MATTER OF LAW entitled to judgment as a matter of law
- not disputes about facts but
1) LAW or
2) Law clear, but one party lacked evidence supporting a critical element
What is no “genuine dispute of fact”
a genuine dispute of material fact is that a reasonable person could determine that a dispute of fact exists
Difference between 12(b)(6) “Failure to state a claim for which relief can be granted”
and 56 “Summary Judgment”
12(b)(6)- look at facts as alleged in the complaint as true to determine whether or not person state a claim upon which RELIEF can be granted
Summary Judgment- looking to the collection of facts addressing that issue- based upon evidence before us is going to a question of fact that will get you to trial. If not then there is NO genuine issue of material fact
What does P have to do if D brings up motion for summary judgment?
P has to ATTACK every piece of evidence that D brought up for the motion of summary judgment .
- The moving party (usually D) merely bears the burden of informing the Ct of the basis for its motion.
- Moving party may show the absence of evidence supporting the nonmoving party’s case
- Party w/ SJ against them needs to show that the evidence that a reasonable jury could find weighs in their favor (at least 50%)
can credibility be a genuine issue of material fact?
YES
- credibility is the classic genuine issue of material fact
How P can stop SJ
1) Burden on P to respond to SJ motion with precise record where there is a genuine issue of material fact &
2) Tie in the argument that it is not the job of the court to evaluate evidence
(only job if reasonable group of people could come up to a conclusion)
