Summary Judgment Analysis

1. Summary Judgment Standard

2. Moving Party's initial burden

3. Non-moving party's burden

4. Overall Analysis

• SJ should be granted if:
• - No genuine issue of material fact
• - AND moving party entitled to judgment as matter of law.

Essentially: SJ appropriate if based on evidence presented, no reasonable jury could find in favor of the non-moving party.

Court must view evidence in light most favorable to nonmoving party. (Can't weigh evidence or make credibility determinations)

Celotex

• - Tied to burdens of proof at trial.
• - In general, party making claim against another bears BoP at trial on that claim.

• If moving party HAS BoP at trial on claim for which seeking SJ, then moving party can satisfy initial burden only one way:
• - Present Affirmative Evidence establishing that no reasonable jury could find for the non-moving party.
• If moving party DOES NOT HAVE BoP at trial on SJ claim, then he can carry his initial burden in 1 of 2 ways:
• 1. Present affirmative evidence to show NMP can't prove claim
• 2. OR, point to NMP's lack fo sufficient evidence to prove an essential element of the claim.

• If MP carries initial burden, then burden shifts to NMP to present evidence sufficient to create a genuine issue of material fact.
• - Arguments, briefs, pleadings, conclusory allegations not enough, must present evidence.