Nowak v. DAS Investment Corp.

How courts have described this case

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

• concluding that the defendant improperly filed a no-evidence motion on its own affirmative defense of limitations
• stating that non-movant need not respond to motion for no-evidence summary judgment on claims for which movant has burden of proof
• explaining that non-movant need not file a response to improper or defective no-evidence motion, including no-evidence motion on claims for which movant bore burden of proof
• party need not respond to such a motion because the motion should not have been filed at all
• “[A] defendant urging summary judgment on an affirmative defense must come forward with summary judgment evidence for each element of the defense.”
• \Only when a party conclusively proves every element of its affirmative defense is it entitled to summary judgment.\

Source: CourtListener parenthetical corpus (CC0).