Summary Judgment Question

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Summary Judgment Question

Postby lawschoolftw » Sun Apr 24, 2011 4:54 pm

I know after the Anderson holding you have to view SJ in light of the evidentiary standard, but what exactly does this mean? Does a higher standard just make it harder for the Plaintiff to defeat SJ? Is there anything else you would want to address in an MSJ question. To me it seems like if theres any dispute as to a material fact you let it go to the jury, regardless of the standard?


Posts: 325
Joined: Mon Aug 09, 2010 11:37 pm

Re: Summary Judgment Question

Postby Eco » Sun Apr 24, 2011 5:00 pm

Depends. If the standard is really high then your burden of production is higher, you need more evidence to show that there is a genuine dispute of material fact.

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