Abbott v. Bates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that a summary judgment nonmovant asserting an affirmative defense has the burden to designate evidence in response to summary judgment from which the trial court can infer the elements of -the defense
• recognizing that a summary judgment nonmovant asserting an affirmative defense has the burden to designate evidence in response to summary judgment from which the trial court can infer the elements of the defense
• stating that when the moving party files materials establishing the lack of any issues of material fact, the nonmovant may not rely upon his pleadings, but must bring forth specific facts, by affidavit or otherwise, to show a genuine issue for trial
• affirming the trial court’s entry of summary judgment on the appellant’s defense of duress because the appellant failed to properly designate any evidence to the trial court on that issue
• defendant waived affirmative defenses raised in her responsive pleading when she failed to designate any evidence in opposition to plaintiff’s motion for summary judgment
• “If a defendant in its pleadings raises an affirmative defense, but Palmer v. Mariana Stones Corp., 2021 Guam 5, Opinion Page 11 of 19 subsequently fails to address the issue in opposition to a summary judgment motion, the affirmative defense is waived.”

Source: CourtListener parenthetical corpus (CC0).