1. SUMMARY JUDGMENT Overview
SJ Issues
Burdens of production/proof
Credibility Issues
Affidavits/Declarations
Substance
Form (e.g. sworn/unsworn)

2. SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636
Elements
Factual propositions at issue
Evidence
Packer affidavit
Didn’t fire Visser on account of age

3. Structure Elements: ER Ee
Age Discrimination Claim
Duty Not discriminate
based on age
Breach Er fired because of age
Mixed motive: Fired: Age 1 reason
Discrim if age personal
1 of several reasons disloyalty
“Pretext”
If Er gives phony reason Fired: Disloyalty =“pretext” personal =Pretext May (need not) infer disloyalty
Real reason = age
Causation
Damages Lost pension

4. SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636
Credibility/Inferences
Key question = Packer’s credibility
What’s wrong with Visser’s affidavits?
According to court

5. SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636
Credibility/Inferences
What kind of expert appropriate?
What might Visser have done?

6. Structure Elements: ER Ee
Age Discrimination Claim
Duty Not discriminate
based on age
Breach Er fired because of age Packer aff. Pl. = Not fire Def due to age knew
Mixed motive: Replacement
Discrim if age <40
1 of several reasons EE’s Aff’s
Fired due
“Pretext” to age
If Er gives phony reason facts v. May (need not) infer conclusions
Real reason = age
Causation
Damages Lost pension

7. SUMMARY JUDGMENT Takeaways
Doctrine
FR 56 SJ standard
No GIMF
Judgment as a matter of law
Celotex
Moving party w/out BOP
meets FR 56 standard
by showing pl’s absence of evidence

8. SUMMARY JUDGMENT Takeaways
Analytical Skills
The elements chart
Values Question
Credibility
Sympathy for claims
How much evidence  inference?
Trust in juries