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Review Standard

Review Standard (Property · Publicity Rights) — "Federal Rule of Civil Procedure 56(c) empowers the court to render summary judgment if the pleadings, depositi…

Ideas in this flowchart

  • Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.
  • The court may render summary judgment under Federal Rule of Civil Procedure 56(c).
  • Summary judgment requires both no genuine issue of material fact and entitlement to judgment as a matter of law.
  • The court considers pleadings, depositions, interrogatory answers, admissions, and affidavits.
  • The evidence is evaluated to determine whether the dispute requires a jury or is so one-sided that judgment is required as a matter of law.
  • A sufficient disagreement about material facts requires submission to a jury.
  • One-sided evidence means that one party must prevail as a matter of law.
  • The evidence and all reasonable inferences are construed in the light most favorable to the non-moving party.
  • A mere alleged factual dispute does not defeat a properly supported summary judgment motion.
  • After the movant establishes the required absence of a genuine issue and entitlement to judgment, the opposing party must respond with specific facts.
  • The opposing party must show specific facts demonstrating a genuine issue for trial.
  • Mere allegations or denials in the pleadings are insufficient.
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Review Standard

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"Federal Rule of Civil Procedure 56(c) empowers the court to render summary judgment if the pleadings, depositions, answers to interrogatories, admissions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The standard is whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. The evidence and all inferences must be construed in the light most favorable to the non-moving party. The mere existence of some alleged factual dispute will not defeat a properly supported motion for summary judgment; there must be no genuine issue of material fact. If the movant establishes that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law, the opposing party must come forward with specific facts showing that there is a genuine issue for trial. Mere allegations or denials in the pleadings are insufficient."

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