Litigation in Federal Court
Summary Judgment
The Basics
Motion for Summary Judgement
FRCP 56(a): the Court shall grant summary judgment if the movant shows that:
[1] there is no genuine dispute as to any material fact and
[2] the movant is entitled to judgment as a matter of law, based on the undisputed facts
Summary Judgment Checklist
[1] What are the elements of Plaintiff’s claim against Defendant for x?
[2] What facts are material to the claim?
[3] Did the moving party (∆) meet its burden?
[a] Disprove element(s) of π’s claims
[b] Show absence of π’s proof of element(s)*
[c] Prove ∆’s affirmative defenses (burden is on party raising it)
[4] Did the nonmoving party (π) meet its burden?
[a] Show there is a genuine dispute of proof of elements of π’s claims
[b] Show non-absence of proof of elements of π’s claims
[c] Disprove ∆’s affirmative defenses
o Cleotex Corp. v. Catrett, 477 U.S. 317 (1986)