Also known as: no genuine issue as to any material fact · genuine dispute of material fact · FRCP 56 · summary judgment standard
Written by attorneys · grounded in primary & secondary sources — see below
A condition that, when paired with a showing that the movant is entitled to judgment as a matter of law, requires a federal court to grant summary judgment on a claim or defense.
Sky Stack sued Pioneer Cloud for breach after API response times dropped for its accounts alone. Pioneer Cloud moved for summary judgment and pointed to emails and logs showing only routine load balancing that stayed within contractual tolerances. Sky Stack offered no evidence of a selective policy outside permitted measures. The court granted the motion because the record revealed no genuine dispute as to any material fact on breach.
Adickes alleged a conspiracy between a store and police to deny her service on racial grounds. The store moved for summary judgment after discovery closed. Adickes produced no evidence of an agreement or state action beyond her own allegations. The court granted the motion because the record contained no genuine dispute as to any material fact supporting the conspiracy claim.
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Catrett sued Celotex claiming her husband died from asbestos exposure to its products. Celotex moved for summary judgment and noted the absence of any record evidence linking its products to the decedent in the relevant period. Catrett responded only with deposition transcripts and letters from other proceedings. The court granted the motion because the record revealed no genuine dispute as to any material fact on exposure.
Liberty Lobby sued Anderson for publishing articles it called defamatory. Anderson moved for summary judgment after discovery. The record showed the plaintiff was a public figure and contained no clear and convincing evidence of actual malice. The court granted the motion because the record revealed no genuine dispute as to any material fact on the required fault element.
Shareholders sued Tellabs alleging the company misled investors about product demand. Tellabs moved for summary judgment and cited internal documents showing executives believed demand forecasts were accurate. Plaintiffs offered no evidence creating a strong inference of scienter. The court granted the motion because the record revealed no genuine dispute as to any material fact on the scienter element.
Forsyth sued Mitchell for authorizing a warrantless wiretap. Mitchell moved for summary judgment asserting qualified immunity. The record showed the law on warrantless wiretaps was unsettled at the time of the conduct. The court granted the motion because the record revealed no genuine dispute as to any material fact on whether the immunity defense applied.
The movant must identify each claim or defense on which judgment is sought and demonstrate both the absence of any genuine dispute as to any material fact and entitlement to judgment as a matter of law. The court views the record in the light most favorable to the nonmovant and draws all reasonable inferences in that party's favor. If the movant carries this burden, the court grants the motion and states its reasons on the record.
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Once the movant points to record materials showing no genuine dispute, the nonmovant must respond with specific facts supported by admissible evidence that creates a triable issue on a material fact. Conclusory assertions or denials are insufficient. If the nonmovant fails to do so, the court may treat the asserted facts as undisputed and grant judgment.
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A fact is material if it might affect the outcome of the suit under the governing substantive law. Disputes over immaterial facts do not prevent summary judgment. The court determines materiality by reference to the elements of the claim or defense at issue.
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No. The court may not weigh the evidence or make credibility determinations at the summary judgment stage. Those functions belong to the jury. The court asks only whether the record, viewed most favorably to the nonmovant, would permit a reasonable jury to find for that party.
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…depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." In determining whether summary judgment is proper, a court ordinarily must look at the record in the light most…