What is the burden of establishing a genuine issue of material fact?
MultiRegion, United States of America
The following excerpt is from Nat'l Fire Ins. Co. of Hartford v. Travelers Prop. Cas. Co. of Am., Case No. 13-cv-458 BAS (JLB) (S.D. Cal. 2015):
The moving party bears the initial burden of establishing the absence of a genuine issue of material fact. See Celotex, 477 U.S. at 323. "The burden then shifts to the nonmoving party to establish, beyond the pleadings, that there is a genuine issue for trial." Miller v. Glenn Miller Prods., Inc., 454 F.3d 975, 987 (9th Cir. 2006) (citing Celotex, 477 U.S. at 324).
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