Also known as: genuine issues as to material facts · genuine issue of material fact · genuine issues of material fact · genuine dispute as to any material fact · no genuine issue of material fact
Written by attorneys · grounded in primary & secondary sources — see below
A factual dispute that prevents entry of summary judgment. The dispute qualifies as genuine when the record contains evidence permitting a reasonable jury to return a verdict for the nonmoving party. The dispute qualifies as material when the fact at issue could affect the outcome under the governing substantive law.
Guardian Insurance moved for summary judgment in a coverage action brought by Gabriella Gomez after a warehouse loss. Guardian attached inspection photographs and the policy excluding long-term leakage. Gomez responded only with attorney argument that the intrusion was sudden. The court granted the motion because the record contained no admissible evidence creating a triable question on whether the loss fell inside the exclusion.
Gloria Green sued a store under section 1983 alleging a conspiracy with police to arrest her. The store moved for summary judgment and supported the motion with employee and officer depositions denying any agreement. Green offered no contrary evidence. The court granted the motion because the moving party had shown an absence of evidence supporting the nonmoving party's case on the conspiracy element.
Select any source to read its text and confirm it supports the definition.
Grace Gupta sued a cigarette manufacturer alleging breach of an express warranty that the product was safe. The manufacturer moved for summary judgment. The record contained advertisements and internal documents that a jury could read as creating a warranty and showing breach. The court denied the motion because the evidence raised a triable question on whether the warranty existed and caused the plaintiff's injury.
A fact is material when it could affect the outcome of the case under the governing substantive law. Disputes over trivial or irrelevant facts do not defeat summary judgment even if genuinely contested.
A dispute is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Unsupported argument or conclusory assertions do not create a genuine dispute.
The moving party must demonstrate the absence of any genuine dispute of material fact. The nonmoving party then must come forward with admissible evidence showing a triable issue if the movant has met its initial burden.
Conflicting evidence creates a genuine issue only when it concerns a material fact and permits a reasonable jury to find for the nonmovant. The court does not weigh credibility or resolve factual conflicts on summary judgment.
…depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact. Our review is de novo. See Celotex Corp. v. Catrett , 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The relevant facts are as follows. Mrs. Cipollone went to Dr. Alfred Lowy on…