Hickson Corp. v. Northern Crossarm Co.

How courts have described this case

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

• holding that the moving party bears the initial burden of showing the court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial
• noting that an issue of fact is material if, “under the applicable substantive law, it might affect the outcome of the case”
• stating that the burden is on the party bringing the claim to show the advertisement is false
• explaining that where allegedly actionable statements are not “literally false” but still misleading, plaintiffs must present evidence of deception, such as “consumer surveys, market research, [or] expert testimony”
• vacating summary judgment on Lanham Act claim, finding that while advertisement was not literally false, court overlooked evidence on whether the advertisement was literally true but misleading
• moving party bears initial burden of showing, by reference to materials on file, that there are no genuine disputes of material fact that should be decided at trial

Source: CourtListener parenthetical corpus (CC0).