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