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· 10/23/2014

Kevin Sterk v. Redbox Automated Retail, LLC

Citations

  • 770 F.3d 618
  • 2014 U.S. App. LEXIS 20505
  • 2014 WL 5369416

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 movant may prevail on summary judgment by demonstrating “an absence of evidence to support the nonmoving party’s case”
  • holding that the ordinary course of business exception applies to a defendant outsourcing its customer service support to a third party because customer service is a function of business operations normally performed by a company itself
  • finding that disclosure of video viewing history was a concrete injury for Article III’s purposes
  • noting that district courts are not required to sift record for evidence helpful to opponent of motion for summary judgment
  • holding that where the movant meets its “burden” of “showing ... that there is an absence of evidence to support the nonmoving party’s case,” the non-mov-ant “must make a showing sufficient to establish the existence of an element essential to that party’s case”
  • noting that once a moving party has made a showing “that there is an absence of evidence to support the non-moving party’s case[,] ... the non-movant ... must demonstrate that there is evidence upon which a jury could properly proceed to find a verdict in [its] favor”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Manion, Kanne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.