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Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
The court must consider all designated evidence in the light most favorable to the party opposing the summary judgment motion. If a trial could result in the jury (or judge in a bench trial) deciding in favor of the party opposing the motion, then summary judgment is inappropriate. A decision granting summary judgment can be appealed without delay.
Summary judgment procedures were first introduced in Canadian courts in the 1980s. [b] [c] Ontario, after a study on the issues of access to justice, [4] reformed its rules in 2010 to extend the powers of motion judges and masters for ordering summary judgment.
In their reply, USDOJ challenged the motion for summary judgment as the discovery process for the declarants in support of the motion were scheduled for mid-to-late March, saying the "lack of a fair opportunity to test these asserted facts [the "Statement of Undisputed Fact" in the original motion] will necessarily hinter Defendants' efforts to ...
On August 27, a three-judge panel of the Court of Appeals, consisting of U.S. Circuit Judges Schroeder, Thomas, and N.R. Smith, agreed and granted the motion dismissing the appeal. [ 22 ] [ 23 ] On May 27, 2014, NOM filed an application for an emergency stay with Justice Anthony Kennedy , the Circuit Justice for the Ninth Circuit. [ 24 ]
In it, he criticized the defense for appealing the case to the state Supreme Court on a non-business day, in violation of court rules. The judge said "[I]t is and was the intent of the Order to grant Plaintiffs' Motion for Summary Judgment without exception and as to all injunctive relief requested therein.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5] In United States federal courts, JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure.
[The law] does not grant the courts of appeals authority to constitute themselves as trial courts. Section 4 of the Arbitration Act gives the Hospital a right to a jury trial. By deciding that there were no disputed issues of fact, the Court of Appeals seems to have decided a motion for summary judgment that was not before it. This is the kind ...