What is the burden of proof against a party who has not been able to prove that no reasonable trier of fact could find other than for the moving party?
MultiRegion, United States of America
The following excerpt is from Thomas v. Sheppard-brooks, Case No. 1:06-cv-01332 LJO JLT (PC) (E.D. Cal. 2011):
that no reasonable trier of fact could find other than for 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.. (citation omitted).
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