Brill v. Guardian Life Insurance Co. of America

How courts have described this case

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

• holding that determining whether a genuine issue of fact precludes an award of summary A-6020-17T2 13 judgment requires consideration of \competent evidential materials\
• explaining that, unlike summary judgment motions, motions to dismiss under Rule 4:37-2(b) “are based on evidence presented during ... trial”
• explaining that a party seeking summary judgment must present competent evidence establishing undisputed facts entitling the party to judgment as a matter of law
• holding an expert's opinion \based on a factually inaccurate and unjustifiable assertion . . . does not create a genuine issue of material fact precluding the grant of summary judgment\
• holding that “the inquiry involved in a ruling on a motion for summary judgment or for a directed verdict necessarily implicates the substantive evidentiary standard of proof that would apply at the trial on the merits” (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986
• holding that the key inquiry on a motion for summary judgment is whether the evidence presented, when viewed in the light most favorable to the non -moving party, \[is] sufficient to permit a rational factfinder to resolve the al leged disputed issue in favor of the non-moving party.\

Source: CourtListener parenthetical corpus (CC0).