Hodge v. SADA Enterprises, Inc.

How courts have described this case

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

• explaining that plaintiff had no burden to respond to issue “not raised in the [defendant’s] motion for summary judgment or to present its entire case on all allegations in the complaint” and that “issues that must be rebutted on motion for summary judgment are those raised by the motion”
• explaining that plaintiff had no burden to respond to issue “not raised in the [defendant’s] motion for summary judgment or to present its entire case on all allegations in the complaint” and that “issues that must be rebutted on motion for summary judgment are those raised by the motion”
• respondent on motion for summary judgment had no notice issue not raised in motion would be considered or opportunity to respond
• “issues that must be rebutted on motion for summary judgment are those raised by the motion”
• no burden on nonmovant to respond to issues not raised in summary judgment motion
• “because appellees will bear the burden of proof at trial on the affirmative defenses raised in their motion, they could not prevail on their motions by merely demonstrating by reference to the record the absence of evidence disproving their affirmative defenses”

Source: CourtListener parenthetical corpus (CC0).