Landers v. Milton

How courts have described this case

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

• determining that an opposing affidavit’s conclusory averments, based on supposition and information not derived from personal knowledge, “were clearly inadequate to create an issue of fact”
• holding conclusory affidavits inadequate to create issue of fact
• It is not sufficient for the party opposing motion for summary judgment to merely assert that an issue does exist.
• once movant tenders competent evidence to support his motion, the opposing party must come forward with counter-evidence sufficient to reveal a genuine issue
• party seeking to escape the statute of limitations must bear the burden of proving circumstances that would toll the statute
• summary judgment appropriate upon failure of opposing party to present competent evidence revealing a genuine issue of fact: \It is not enough for the opposing party merely to assert that an issue does exist\

Source: CourtListener parenthetical corpus (CC0).