ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.

ROBERTSON, Chief Justice.

This case raises important issues relating to summary judgment practice. Here, we consider which party bears the burden of establishing the absence of genuine issues of material fact and a legal right to judgment when the party seeking summary judgment is a “claimant” and the non-moving party has raised an affirmative defense.

Plaintiffs, ITT Commercial Finance Corporation (ITT) and Mercantile Bank of St. Louis, N.A. (Mercantile), sued Mid-America Marine Supply Corporation (Mid-America), their debtor, and George Walker, William Rice and Scott Evert, guarantors of…