In what circumstances will the non-moving party have the burden of proof against the moving party?
MultiRegion, United States of America
The following excerpt is from Aguirre v. Home Depot U.S.A., Inc., CASE NO. 1:10-cv-00311-LJO-GSA (E.D. Cal. 2012):
the moving party." Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). "On an issue as to which the nonmoving party will have the burden of proof, however, the movant can prevail merely by pointing out that there is an absence of evidence to support the nonmoving party's case." Id. (citing Celotex, 477 U.S. at 323).
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