Also known as: genuine issues as to any material fact · genuine issue of material fact · genuine issues of material fact · genuine dispute as to any material fact
Written by attorneys · grounded in primary & secondary sources — see below
A factual dispute that precludes summary judgment. The dispute must concern a fact that could affect the outcome under the governing substantive law and must be supported by evidence sufficient for a reasonable jury to return a verdict for the nonmoving party.
Sean alleged that Global Cargo misclassified him as an independent contractor. Global Cargo supported its summary judgment motion with a dispatcher's declaration describing GPS logs. Sean responded with delivery receipts showing late arrivals that the declaration had not addressed. The conflicting records on the degree of control exercised over drivers left a genuine issue as to a material fact.
A public figure plaintiff sued a magazine for defamation and offered deposition testimony from an editor admitting doubts about the story's accuracy. The magazine moved for summary judgment, citing its own affidavits that the reporting had been careful. The editor's testimony created a genuine issue as to a material fact on whether the magazine acted with actual malice.
Select any source to read its text and confirm it supports the definition.
A government official moved for summary judgment on qualified immunity grounds after a plaintiff alleged unconstitutional conduct. The official submitted an affidavit describing the events one way. The plaintiff's deposition testimony described the same events differently and suggested the official knew the conduct violated clearly established law. The conflicting accounts left a genuine issue as to a material fact on the immunity defense.
A motorist sued a police officer after a high-speed pursuit ended in a crash. The officer moved for summary judgment, relying on a dashboard camera recording. The recording showed the motorist driving at extreme speeds and forcing other vehicles off the road. Because the video conclusively established the motorist's dangerous conduct, no genuine issue as to a material fact remained on the reasonableness of the officer's actions.
A widow sued an asbestos manufacturer after her husband died of mesothelioma. The manufacturer moved for summary judgment, pointing out that the record contained no evidence the husband had ever worked with its products. The plaintiff offered only general testimony that the husband had worked around insulation. The absence of any link between the husband and the manufacturer's products left no genuine issue as to a material fact on exposure.
A plaintiff sued a store and a police officer, alleging they conspired to deny her service because of her race. The defendants moved for summary judgment. The plaintiff offered no evidence that the officer and store employees had reached any agreement. Without evidence of an agreement, no genuine issue as to a material fact existed on the conspiracy element.
A fact is material if it could affect the outcome of the suit under the governing substantive law. Disputes over facts that are irrelevant to the legal elements do not prevent summary judgment.
Supporting sources
The court views the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party's favor. If the evidence would permit a reasonable jury to find for the nonmoving party, a genuine dispute exists.
Supporting sources
Yes. When the nonmoving party bears the burden of proof at trial, the moving party may simply point out that the record contains no evidence supporting an essential element. The nonmoving party must then come forward with admissible evidence creating a genuine issue.
Not automatically. Video evidence eliminates a genuine issue only when it so clearly contradicts the nonmoving party's version that no reasonable jury could believe that version.
Supporting sources
…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…