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Also known as:genuine dispute of material fact · genuine issue as to any material fact · genuine issue of material fact · summary judgment standard · Rule 56
Written by attorneys · grounded in primary & secondary sources — see below
A factual conflict that precludes summary judgment when the evidence viewed in the light most favorable to the nonmovant would permit a reasonable jury to return a verdict for that party.
Sources & Authorities
How it applies
Common Examples
6
GPS Logs Versus Delivery Receipts
Sean sued Global Cargo in federal court claiming misclassification as an independent contractor. Global Cargo moved for summary judgment and supported the motion with a dispatcher's declaration describing GPS logs that showed strict route control. Sean opposed with delivery receipts in the record showing repeated late arrivals that suggested drivers exercised substantial independence. The receipts created a genuine dispute as to any material fact on the degree of control so the court denied the motion.
Affidavit Outside The Pleadings
Dusk Outlet sued Ridge Retail for breach of contract after holiday shipments were lost. Ridge Retail moved to dismiss under Rule 12(b)(6) and attached a detailed spreadsheet summarizing tracking data. The court converted the motion to one for summary judgment under Rule 12(d) because the spreadsheet lay outside the pleadings. Driver affidavits submitted by Dusk Outlet then raised a genuine dispute as to any material fact on whether staffing changes caused the losses so the court denied judgment.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Casebooks
Study Supplements
Video Footage Of The Chase
A motorist sued a deputy sheriff after a high-speed pursuit ended in a crash. The deputy moved for summary judgment and submitted a video recording of the chase. The recording showed the motorist driving at extreme speeds and forcing other vehicles off the road. Because the video left no genuine dispute as to any material fact on the danger created the court granted summary judgment to the deputy.
Scott v. Harris550 U.S. 372 (2007)
Affidavits On Future Travel Plans
An environmental group sued the Secretary of the Interior alleging that a funding decision would harm endangered species abroad. The Secretary moved for summary judgment and submitted affidavits stating that the plaintiffs had no concrete plans to visit the affected areas. The plaintiffs responded with affidavits describing past visits and general intentions to return. The conflicting affidavits created a genuine dispute as to any material fact on injury in fact so the court denied the motion.
Lujan v. Defenders of Wildlife504 U.S. 555 (1992)
Absence Of Evidence On Exposure
A worker sued a manufacturer claiming exposure to asbestos in its products caused his illness. The manufacturer moved for summary judgment after discovery and pointed out that the plaintiff had produced no admissible evidence linking any of its products to the workplace. The plaintiff offered only general allegations of exposure without specific facts. Because the record contained no genuine dispute as to any material fact on product identification the court granted summary judgment.
Celotex Corp. v. Catrett477 U.S. 317, 323 (1986)
Conflicting Expert Opinions On Causation
Parents sued a pharmaceutical company alleging that a medication caused birth defects. The company moved for summary judgment and supported the motion with an expert declaration stating that epidemiological data showed no causal link. The parents opposed with a counter-expert declaration applying a different methodology that found a statistical association. The competing expert opinions created a genuine dispute as to any material fact on causation so the court denied summary judgment.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Common questions
Frequently Asked
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When does conflicting evidence in the record create a genuine dispute as to any material fact?+
A genuine dispute exists when the evidence viewed in the light most favorable to the nonmovant would allow a reasonable jury to find for that party on a fact that could affect the outcome. The court does not weigh credibility or resolve factual conflicts at the summary judgment stage. If the record permits conflicting reasonable inferences on a material issue the motion must be denied.
Supporting sources
How should a court treat an affidavit that lacks personal knowledge when deciding whether a genuine dispute exists?+
An affidavit that fails to show personal knowledge or admissibility cannot support or defeat summary judgment. The court must disregard such material when determining whether the record presents a genuine dispute as to any material fact. Only properly supported assertions count toward the movant's or nonmovant's burden.
Supporting sources
Does the existence of cross-motions for summary judgment automatically eliminate any genuine dispute as to any material fact?+
No. The court must evaluate each motion separately even when both parties seek judgment. The fact that each side believes the record favors it does not mean the evidence is undisputed on material issues.
Supporting sources
What happens when the movant points to an absence of evidence on an essential element?+
The movant may satisfy its initial burden by showing that the nonmovant cannot produce admissible evidence to support a material fact. The nonmovant must then identify specific evidence creating a genuine dispute or summary judgment is proper.
504 U.S. 555 (1992)Constitutional Law
…respondents' evidentiary burden ( i. e. , affidavits asserting "specific facts") in withstanding a summaryjudgment motion under Rule 56(e) with the standard of proof ( i. e. , the existence of a "genuineissue" of "materialfact") under Rule 56(c). 1 Were the Court to apply the proper standard for summaryjudgment,…