5.14 No Need To Exhaust Administrative Remedies
| Jurisdiction | United States |
5.14 MOTION FOR SUMMARY JUDGMENT
Held, in a motion for summary judgment the burden is on the moving party to establish that there is no triable issue of material fact, even though the non-moving party may have the ultimate burden of proof at trial. Nissan Fire & Marine Insurance v. Fritz Companies, Tower Air etc. (9th Cir. 2000).
Held, in defending a summary judgment motion the nonmoving party need not produce evidence in a form that would be admissible at trial. Rather, that party may rely on "any of the...
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