Here is the answer to our next civil procedure question: Answer B is correct. The court ruling on a motion for summary judgment must look at the evidence in the light most favorable to the non-movant. The court is not supposed to weigh evidence, or to decide which of competing inferences is the most probable. Answer A is incorrect. It is the non-movant, not the movant, in who favor inferences are to be drawn if reasonable. Answer C is incorrect. The court is not supposed to weigh evidence, but only to decide whether there is some legally sufficient evidence in the non-movant’s favor. Answer D is incorrect. Just as plaintiffs must show the existence of more than a scintilla of evidence to avoid judgment as a matter of law, a plaintiff opposing summary judgment must show that an inference on its behalf would be a reasonable one.
Posted on: Thu, 11 Dec 2014 13:01:43 +0000
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