F. (§23.14) Inferences
Library | Federal Civil Litigation in Oregon (OSBar) (2009 Ed.) |
F. (§23.14) Inferences
The district court must draw all inferences from the evidence in the light most favorable to the nonmoving party. Clicks Billiards, Inc. v. Sixshooters Inc., 251 F3d 1252, 1257 (9th Cir 2001); Ashley v. Sutton, 492 F Supp2d 1230, 1245 (D Or 2007) ("the court must draw all reasonable inferences in the non-movant's favor").
The court may draw inferences "from underlying facts that are not in dispute, such as background or contextual facts, . . . and from underlying facts on which there...
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- Chapter 23 Summary Judgment
- I. Introduction
- A. (§23.1) Scope
- B. (§23.2) Summary Judgment in State Court
- II. Nature and Function of Summary Judgment
- A. (§23.3) Purpose
- B. (§23.4) Availability of Summary Judgment
- C. (§23.5) Relationship to Other Motions
- III. (§23.6) Standard for Summary Judgment
- A. (§23.7) Question of Fact or Law
- B. (§23.8) Materiality
- C. (§23.9) Genuineness
- D. Burden of Proof
- 1. (§23.10) Moving Party
- 2. (§23.11) Nonmoving Party
- 3. (§23.12) Experts
- E. (§23.13) Consideration of the Evidence
- F. (§23.14) Inferences
- G. (§23.15) Credibility; Weighing the Evidence
- H. (§23.16) Effect of Cross-motions for Summary Judgment
- I. (§23.17) Sua Sponte Granting of Motion for Summary Judgment
- J. (§23.18) Partial Summary Judgment
- K. (§23.19) Continuance to Enable Nonmoving Party to Obtain Additional Discovery (frcp 56(f))
- IV. Timing of Summary Judgment
- A. Timing of Motion
- 1. (§23.20) Claimant
- 2. (§23.21) Defending Party
- 3. (§23.22) Service of Motion
- B. (§23.23) Time for a Response or Reply
- C. (§23.24) Amendments after Motion Filed
- V. Types of Evidence
- A. (§23.25) Introduction
- B. (§23.26) Pleadings
- C. Affidavits
- 1. (§23.27) Requirements
- 2. (§23.28) Attached Documents
- 3. (§23.29) Defective Affidavits
- 4. (§23.30) Imposing Sanctions Under Frcp 56(g)
- D. (§23.31) Depositions
- E. (§23.32) Interrogatories; Admissions
- F. (§23.33) Oral Testimony; Oral Argument
- G. (§23.34) Judicial Notice; Presumptions
- H. (§23.35) Other Evidence
- I. (§23.36) Local Rules—separate Concise Statement
- VI. (§23.37) Situations That Are More Amenable to Summary Judgment
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