In what circumstances will a non-moving party have the burden of proving that there is insufficient evidence to support their claim?
MultiRegion, United States of America
The following excerpt is from Escriba v. Foster Poultry Farms, 1:09-cv-1878 OWW MJS (E.D. Cal. 2011):
trier of fact could find other than for the moving party." Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007). With respect to an issue as to which the non-moving party will have the burden of proof, the movant "can prevail merely by pointing out that there is an absence of evidence to support the nonmoving party's case." Soremekun, 509 F.3d at 984.
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