burden of persuasion summary judgment

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4.270 documents for burden of persuasion summary judgment

- Samuel Surles v. Donald Andison, (6th Cir. 2012)
... discovery, Defendants filed motions for summary judgment, which the district court granted on the ...2011). Accordingly, Defendants bore the burden of proof on exhaustion. . Defendants moved ... judgment also bears the burden of persuasion at trial, the party's "initial summary judgment bu...
- Federal Circuits
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986)
... 1981, petitioner filed a motion for summary judgment, asserting that during discovery responde..., and on which that party will bear the burden of proof at trial. In such a situation, there can ... party; and an ultimate burden of persuasion, which always remains on the moving party. See 10A...
- U.S. Supreme Court
- Ian Russell v. City of Philadelphia, (3rd Cir. 2011)
... an order of the District Court granting summary judgment. We will affirm. . ... that his brief stay there substantially burdened his exercise of religion. See United States v. See... Act, the plaintiff bears the burden of persuasion on whether the challenged practice substantially b...
- Federal Circuits

- Nissan Fire & Marine Insurance Company, Ltd; Hitachi Data Systems Corp.,Plaintiffs-Appellants, v. Fritz Companies, Inc.; Tower Air, Inc.,Defendants-Appellees., 210 F.3d 1099 (9th Cir. 2000)
...The district court granted summary judgment for Fritz and Tower, and Hitachi and Niss... or defendant can have the ultimate burden of persuasion at trial, we refer to the party with...
- Federal Circuits
- Josephine Mora v. Jackson Memorial Foundation, Inc, (11th Cir. 2010)
...The district court granted summary judgment to Defendant because the court concluded ... agreed, concluding that Defendant met its burden of persuasion under the “same decision” affirm...
- Federal Circuits
- Eaves v. Fireman's Fund Insurance Companies, (10th Cir. 2005)
...03-CV-863-M). (W.D. Okla.). ORDER AND JUDGMENT(*). Before BRISCOE, ANDERSON, and. MURPHY, Circuit... The district court entered summary. judgment in favor of FFIC on the ground that it h... must consider who will bear the ultimate burden of. persuasion on that issue at trial. If a party...
- Federal Circuits
- Joseph Roetter v. Mich. Dep't of Corr., (6th Cir. 2012)
... of Corrections' ("the MDOC") motion for summary judgment on all claims. In their appeal, the Roet...R. Civ. P. 56(a). The MDOC bears the burden of showing the absence of a genuine dispute of mat... retains the ultimate burden of persuasion at all times. Monette, 90 F.3d at 1186-87 (interna...
- Federal Circuits
- Ike Thrash v. Countrywide Cmercl Real Est, (5th Cir. 2010)
... Summary Calendar Clerk. IKE T... the district court’s entry of summary judgment in favor of Defendant-Appellee Countrywide Commerc...Thus, Thrash fails to meet his burden of proof with respect to his alternating misrepres...�s protests about meeting his burden of persuasion, too, are immaterial, and summary judgment on thes...
- Federal Circuits
- Huerta v. Bioscrip Pharmacy Services, (10th Cir. 2011)
... ORDER AND JUDGMENT*. Before O'BRIEN, HOLLOWAY, and GORSUCH, Circuit J.... The district court2 granted summary judgment in favor of BioScrip after striking Huert... moving party does not bear the ultimate burden of persuasion at trial, it may satisfy its burden ...
- Federal Circuits
- Hunt v. Cromartie, 526 U.S. 541 (1999)
...-judge District Court granted appellees summary judgment and entered the injunction. From "uncontr...To carry their burden, appellees were obliged to show-using direct or ci... favor of the party with the burden of persuasion, however, is inappropriate when the evidence is su...
- U.S. Supreme Court