· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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