Saturday, March 4, 2017

For Monday--Section C

Make-up session: Part I, Part II.

We continue with Summary Judgment: Standards and Carrying the Burden of Production. Can you reconcile Celotex and Adickes in terms of what is demanded of each party on summary judgment? How did Justice White's approach in Celotex differ from Justice Rehnquist's? Break down the language of FRCP 56(a)--what does it mean and how does it work? Look-up (in Black's or some similar source) and think about the concepts of Burden or Persuasion and Burden of Production; think about how they work at trial and on summary judgment.