Summary Judgment– Burden of Production. D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Shifts BOP Meets BOP.

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Presentation transcript:

Summary Judgment– Burden of Production

D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Shifts BOP Meets BOP

Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area P’s Evidence D’s Evidence

No EvidenceWalt: I saw him decapitated!Walt: I saw him fall of his bicycle! Walt: I saw him go in the house. Five minutes later the house blew up! Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area

40 Bishops: I saw him decapitated! Willy: I saw Sam yesterday. Wes: They weren’t wearing their glasses. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area

Wife: He left 9 years ago & I haven’t seen him since. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area But Wife could be lying. Legal Presumption

Stipulated: He left 9 years ago & Wife hasn’t seen him since. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Wes: I saw him 2 days ago. Legal Presumption Rebutting the Presumption

When Do We Test Whether P Has Met the Burden of Production? 12(b)(6) 12(c) Directed Verdict JNOV Appeal M S J Allegations (Conley) Evidence Admitted at Trial What Does Court Consider? Evidentiary Previw

Three SJ Issues What does D have to do to force P to “preview” P’s evidence? What does P have to do to meet BOP? Procedure Adickes & Celotex Arnstein & Dyer

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