Celotex Corp. v. Catrett
477 U.S. 317 (1986)
- ¶ claims that her husband died of asbestos from r.
- Court granted summary judgment for defendants
- DC Circuit reversed
Reversed and remanded
Whether under Rule 56 the moving party must support its motion for summary judgment with affidavits or other materials.
Under Rule 56 the moving party does not have support its motion for summary judgment with affidavits or other materials, however it must affirmatively show that there is no evidence.
“The party opposing the motion for summary judgment bears the burden of responding only after the moving party has met its burden of coming forward with proof of the absence of any genuine issues of material fact.”
The court finally rules that summary judgment was not proper because (1) Hoff’s letter (2) Hoff listed as a witness, (3) Celotex documents (4) Link between the companies.