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Case • 2002
to judgment as a matter of law. See Fed. R. Civ. P. 56(c). Once the moving party discharges its burden by showing that there is an absence of evidence to support the nonmoving party's case, the nonmoving party ...
Case • 2004
only when there is no issue of material fact and the movant is entitled [*903] to judgment as a matter of law. Fed. R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 91 L. Ed. 2d ...
Case • 2004
of the jurisdiction of an Article III court, which exists to resolve cases or controversies. "[C]courts are not roving commissions assigned to pass judgment on the validity of the Nation's laws. Constitutional ...
Case • 2002
fact and . . . the moving party is entitled to a judgment as a matter of law," Fed.R.Civ.P. 56(c). It may be granted "[w]here the record taken as a whole could not lead a rational trier of fact to find ...
Case • 2002
, FLORIDA, MICHAEL ALEXANDER, MIAMI-DADE COUNTY, DEFENDANTS-APPELLEES. [6] Appeal from the United States District Court for the Southern District of Florida D. C. Docket No. 99-0517-CV-UUB [7 ...
Case • 2003
Law Center, Inc., Steven J. Schwartz, Cathy E. Costanzo, LEAD ATTORNEYS, Center for Public Representation, Northampton, MA. For Argeo Paul Cellucci, Elmer C. Bartels, Frederick A. Laskey, Gerald ...
about what he was going to do when he gets out in six or five months and because of a c/o [correctional officer or guard] he ended his life. Nothing has been done to the c/o. He still works here and still ...
Case • 2003
Simpson v. Penobscot County Sheriff's Dep't. - 285 F.Supp.2d 75 (D.Me. 2003) - 2003 JEFFREY E. SIMPSON, Plaintiff v. PENOBSCOT COUNTY SHERIFF'S DEPARTMENT, et al., Defendants Civil No. 03-55-B-K ...
Case • 2003
material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). When reviewing [*643] a motion for summary judgment, all inferences drawn from the facts must ...
Case • 1990
. Jones, Assistant, for petitioner State. [7] C. Danny Clem, Prosecuting Attorney, and Irene K. Cleavenger and Irene Asai, Deputies, for appellant. [8] Eric J. Nielsen of Washington ...
Case • 2002
, United States Code, Sections 922(g), 924(c), and 2113(a) & (d). Following a jury trial in February of 2000, Durham [**2] was convicted of all counts in the indictment. However, the Eleventh Circuit Court ...
Case • 2001
only when appropriate evidentiary materials, as described in Fed.R.Civ.P. 56(c), demonstrate the absence of a material factual dispute and the moving party is entitled to judgment as a matter of law ...
Case • 2007
Transport Street, Suite B Palo Alto, CA 94303 (650) 856-7963 [13] Catherine A. Rivlin Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 (415) 703-5977 [14 ...
Case • 2007
is proper when the evidence reflects no genuine issues of material fact and the movant is entitled to judgment as a matter of law." Id. (citing FED. R. CIV. P. 56(c)). "A genuine issue of material fact exists ...
Case • 2005
. COUNSEL: Yvonne Smith Segars, Public Defender, attorney for appellants, (J. Michael Blake, Assistant Deputy Public Defender, of counsel and on the briefs). Peter C. Harvey, Attorney General of New ...
Case • 2005
); Community Nat'l Bank v. Dawes, 369 Mass. 550, 553, 340 N.E.2d 877 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating that there is no genuine issue of material fact ...
Case • 2001
. No. 92-CV-368) [7] Submitted on the briefs: Andrew C. Clarke of Bailey & Clarke, Memphis, Tennessee, for Plaintiffs-Appellees. David L. Pauling, City Attorney, and Michael C. Romig, Senior Asst ...
Case • 2003
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." Fed. R. Civ. P. 56(c). In determining whether a genuine issue of material fact exists, we must ...
Case • 1999
to or subsequent to the effective date of P.L. 1993, c. 45 (C.2A:17-56.23a), shall be retroactively modified by the court except with respect to the period during which there is a pending application ...
Case • 2002
appears to be a representative capacity for all of the plaintiffs. The court will treat each filing as being from only those plaintiffs who signed the filing. [72] B. Sovereign Immunity [73 ...
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