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Greiner Civil Procedure Version 01

Scott v. Harris

After Celotex (and the cases decided in that same term), district courts began to make greater use of summary judgment to dispose of cases prior to trial.  One issue that arose with some frequency (including in my own six years in practice): when a solid amount of discovery evidence supports one side, but there is, say, a scintilla in opposition, does Rule 56 allow summary judgment? What is sufficient to create a genuine issue of material fact?

What about the case, for example, in which purportedly objective evidence (query how objective) supports one side, but the opposing litigant swears under oath to a different version of events?  The Supreme Court addresses such a situation in the next opinion.