Legal Opinion · Dissent

R.J. Zayed v. Associated Bank, N.A.

Court of Appeals for the Eighth Circuit

Decided January 10, 2019No. 17-1250Published

1DissentKelly, Circuit Judge

"[A] 'judge's function' at summary judgment is not 'to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.' " Tolan v. Cotton , 572 U.S. 650 , 656, 134 S.Ct. 1861 , 188 L.Ed.2d 895 (2014) (per curiam) (quoting Anderson , 477 U.S. at 249 , 106 S.Ct. 2505 ). And it is "axiom[atic] that in ruling on a motion for summary judgment, '[t]he evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.' " Id. at 651, 134 S.Ct. 1861 (second alteration in original) (quoting Anderson , 477 U.S.…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. Tolan v. CottonSupreme Court of the United States · 2014
  4. Metge v. BaehlerCourt of Appeals for the Eighth Circuit · 1985
  5. Specialized Tours, Inc. v. HagenSupreme Court of Minnesota · 1986

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