Also known as: genuine issue of material fact · no genuine issue of material fact · summary judgment · Rule 56
Written by attorneys · grounded in primary & secondary sources — see below
Disputed facts that bear directly on an element of a claim or defense and that a reasonable jury could resolve in favor of either party. Such facts preclude summary judgment because they require trial resolution rather than decision as a matter of law.
Gustavo Gutierrez sued Gateway Bank after the bank withheld loan funds. The bank moved for summary judgment on the basis of a signed release. Gutierrez offered affidavits showing the bank knew of his impending bankruptcy and used that leverage to obtain the release. The court denied the motion because the evidence created a triable question on whether economic duress invalidated the release.
Gavin Grant sued Grove Manufacturing for product defects. Discovery produced competing expert reports on whether a manufacturing flaw caused the injury. The defendant moved for summary judgment. The court denied the motion because the conflicting evidence created a genuine issue of material fact on causation that a jury must decide.
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Gloria Green sued Genesis Pharmaceuticals after taking a prescribed drug. The company moved to dismiss under Rule 12(b)(6) and attached an expert affidavit denying causation. The court converted the motion to one for summary judgment. Green submitted opposing studies showing a statistical link, creating a genuine issue of material fact that precluded judgment as a matter of law.
Glenn Gross sued a pharmaceutical maker after developing a birth defect. The company moved for summary judgment arguing the plaintiff's expert testimony was inadmissible. Gross submitted studies showing a statistical link between the drug and the defect. The court denied the motion because the competing expert views created a genuine dispute on causation.
Giselle Guerrero sued in federal court under diversity jurisdiction. The defendant moved for summary judgment claiming the state statute of limitations barred the action. Guerrero presented evidence that the state courts would apply a longer period under their borrowing rule. The court denied the motion because the proper limitations period remained a disputed material fact.
Guillermo Guzman obtained a compensatory award against an insurer. The insurer moved for summary judgment to cap punitive damages. Guzman offered evidence of the company's repeated claim-handling violations. The court denied the motion because the degree of reprehensibility and the ratio to compensatory damages presented triable issues.
A fact is material if it could affect the outcome of the suit under the governing substantive law. Courts examine whether the fact is essential to an element of a claim or defense.
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The court views the evidence in the light most favorable to the nonmoving party and asks whether a reasonable jury could return a verdict for that party. Mere assertions without supporting evidence do not create a genuine dispute.
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No. When the evidence permits a reasonable jury to infer negligence under res ipsa loquitur, the existence of negligence remains a genuine issue of material fact that must be resolved at trial.
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…in the attack on the Texas criminal abortion statutes. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to…