Also known as:genuine disputes · genuine issue of material fact
Written by attorneys · grounded in primary & secondary sources — see below
A disagreement between parties over a fact that bears directly on the outcome of a claim or defense. The disagreement must be supported by admissible evidence in the record rather than by bare assertions or speculation.
Sources & Authorities
How it applies
Common Examples
2
Shipping Delay Evidence Conflict
Dusk Outlet sued Ridge Retail for breach of contract after hundreds of holiday packages were lost or delayed. Ridge Retail moved for summary judgment and submitted a spreadsheet of tracking data plus an operations manager affidavit describing industry volume spikes. Dusk Outlet responded with driver affidavits stating that Ridge Retail had reassigned experienced staff and with customer declarations describing repeated failures at the same addresses. The conflicting accounts on staffing decisions created a genuine dispute on causation that required trial resolution.
Control Evidence in Worker Suit
Sean sued Global Cargo alleging misclassification as an independent contractor. Global Cargo moved for summary judgment and supported the motion with a dispatcher's declaration describing GPS logs. Sean pointed to uncited delivery receipts in the record showing late arrivals that bore on the degree of control exercised. The receipts prevented Global Cargo from establishing the absence of a genuine dispute on the material fact of control.
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Statutes
Federal Rules
Hornbooks
Common questions
Frequently Asked
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How does a nonmovant show that a genuine dispute exists under Rule 56?+
A nonmovant defeats summary judgment by citing particular parts of the record or by showing that the movant's materials do not establish the absence of a genuine dispute. The nonmovant may also demonstrate that it can produce admissible evidence supporting the disputed fact.
Supporting sources
What must the movant do to carry its burden on summary judgment?+
The movant must identify the claims or defenses on which judgment is sought and show that the record contains no genuine dispute of material fact. Supporting materials must be cited with particularity so the court can evaluate whether the asserted facts are truly undisputed.
Supporting sources
Does an objection to admissibility of cited materials affect the genuine dispute analysis?+
Yes. A party may object that material cited to support or dispute a fact cannot be presented in admissible form. The court must resolve that objection before relying on the material to decide whether a genuine dispute exists.
Supporting sources
667 F.2d 1034, 1045–47 (D.C. Cir. 1981)Torts
…Therefore, Keene argues, Baldwin-Ehret-Hill was covered by Liberty's policy. We hold that there was before the district court a genuine issue of material fact on this point. Therefore, the district court erred in including the issue in its summary judgment order. CONCLUSION In view of the above, we reverse the district court's order of…
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