Summary Judgment

By Andrew Hudson Published: September 5, 2012 Updated: October 7, 2014

“Summary judgment is warranted when the evidence reveals that no genuine dispute exists regarding any material fact and the moving party is entitled to judgment as a matter of law.”
Rogers v. BBB Houston, 2011

“A Court may compare the two works and render a judgment for the Defendant on the ground that as a matter of law, a trier of fact would not be permitted to find substantial similarity.”
Wickham v. Knoxville, 1984

“Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”
Copeland v. Machulis, 1995

“In law, a summary judgment (also judgement as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.”

“Summary judgment — a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law.”
The Free Legal Dictionary

Material Fact

“A material fact is a fact that is identified by applicable substantive law as critical to the outcome of the suit.”
Rogers v. BBB Houston, 2011

“A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have effect of establishing or refuting one of essential elements of a cause of action or defense asserted by the parties, and would necessarily affect application of appropriate principle of law to the rights and obligations of the parties.”
Kendall v. Hoover Co., 1984

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