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Summary Judgment– Adickes & Celotex

Summary Judgment– Adickes & Celotex. What general issue is raised by both Arnstein & Dyer ?. Assuming P must respond to D’s MSJ:. What does P have to do to defeat D’s motion for summary judgment? How does P meet P’s burden of production?. What does Adickes tell us about that issue?.

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Summary Judgment– Adickes & Celotex

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  1. Summary Judgment– Adickes & Celotex

  2. What general issue is raised by both Arnstein & Dyer?

  3. Assuming P must respond to D’s MSJ: • What does P have to do to defeat D’s motion for summary judgment? • How does P meet P’s burden of production?

  4. What does Adickes tell us about that issue? Nothing

  5. Then what is the issue in Adickes?

  6. What is the issue in Adickes? • What does the D have to do to force P to respond to a motion for summary judgment? • What does D have to show to force P to show P’s hand?

  7. D’s SJ Motion

  8. What other case deals with the same issue?

  9. Simplified (2 Element) Version of Adickes? • Element #1: Officer violated P’s rights; and • Element #2: Either • Officer conspired with manager; • Officer conspired with waitress.

  10. Under Celotex, what must D do in its MSJ to force P to respond? According to Brennan’s opinion, what must D do in its MSJ to force P to respond? Under Adickes, what must D do in its MSJ to force P to respond?

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