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· 1/25/2013

Ralston v. Yim. ICA Opinion, filed 05/31/2012.

Citations

  • 129 Haw. 46
  • 292 P.3d 1276
  • 2013 WL 310115
  • 2013 Haw. LEXIS 40

How courts have described this case

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

  • holding that summary judgment is appropriate only if “there is no genuine issue as to any material fact and [ ] the moving party is entitled to judgment as a matter of law”
  • noting Hawai#i courts \can look to cases interpreting the Federal Rules of Civil Procedure for persuasive guidance.\ (citation omitted)
  • moving party “may satisfy [its] initial burden of production by either (1) presenting evidence negating an element of the [nonmovant’s] claim, or (2) demonstrating that the nonmovant will be unable to carry his or her burden of proof at trial.”
  • \HRCP Rule 56(f) is the appropriate means by which parties can ensure that they have adequate time to respond to a motion for summary judgment.\
  • “[I]n general, a summary judgment movant cannot merely point to the non-moving party’s lack of evidence to support its initial burden of production if discovery has not concluded.” (emphasis added
  • “A fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Recktenwald, Nakayama, Acoba, McKenna, Ahn, Pollack

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.