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We learned two controlling cases: Celotex and Adickes.

They both deal with summary judgment, but say different things.

How should I reconcile them on an exam as a response to a fact pattern?

Also, does anyone have a step-by-step process they go through when analyzing summary judgment?

Thank you in advance!

Analyze under both

So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...

ltp93 wrote:So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...

Argue P and D under both Adickes and Celotex.

rad lulz wrote:

ltp93 wrote:So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...

Argue P and D under both Adickes and Celotex.

After you argue P & D say which one is likely to succeed.

Thank you!

Did you do Anderson Libby Lobby or Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp.? Those are also popular for doing a summary judgement analysis

If you're looking for a step-by-step process you should buy the book Acing Civil Procedure (it's tiny)...basically just checklists of what to go through when analyzing for what (including summary judgement)

The most popular approach is to discuss whether there are any material issues of fact.