Summary Judgment

1
Summary Judgment Adickes Celotex
2
What general issue is raised by both Arnstein
Dyer?
3
Assuming P must respond to Ds MSJ

• What does P have to do to defeat Ds motion for
  summary judgment?
• How does P meet Ps burden of production?

4
What does Adickes tell us about that issue?
Nothing
5
Then what is the issue in Adickes?
6
(No Transcript)
7
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 Ps
  hand?

8
(No Transcript)
9
What other case deals with the same issue?
10
Simplified (2 Element) Version of Adickes?

• Element 1 Officer violated Ps rights and
• Element 2 Either
• Officer conspired with manager
• Officer conspired with waitress.

11
Under Adickes, what must D do in its MSJ to force
P to respond?
Under Celotex, what must D do in its MSJ to force
P to respond?
According to Brennans opinion, what must D do in
its MSJ to force P to respond?