Law Dictionary

no issues of material facts

In order to prevail on summary judgment, a defendant must show that there are no issues of material facts genuinely in dispute and that they are entitled to judgment as a matter of law, even when the facts, and all enferences to be drawn from the facts, are seen in the light most favorable to the plaintiff. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970). As the moving party, moreover, the defendant bears the burden of proof as to the absence of any issue of material fact, Even if they do not have to bear that burden at trial. Lee v. Flintkote Co., 593 F. 2d 1275 nn.34 & 35 (D.C. Cir. 1979).



In other words, defendant must establish his right to a judgment with such clarity as to leave no room for controversy, and must demonstrate that the plaintiff is not entitled to recover under any circumstances discernible from the evidence. Goodman v. Parwatiker, 570 F. 2d 801 (8th Cir. 1978), while conceding to the plaintiff, as the answering party, the benefit of all reasonable factual inferences, see, McSpadden v. Mullens, 456 F.2d 428 (8th Cir. 1972), and without regard to an assessment or measurement of credibility.

Source : LawyerIntl.com

Language : English

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