15 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,092 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,065 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Avirgan v. Hull
932 F.2d 1572 (11th Cir. 1991) Cited 795 times
Holding that a party cannot satisfy its burden at summary judgment by relying on legal conclusions or conclusory allegations
Scapa Dryer Fabrics, Inc. v. Knight
299 Ga. 286 (Ga. 2016) Cited 27 times
In Scapa Dryer, plaintiff's expert testified that each exposure above background levels contributed to plaintiff's mesothelioma regardless of the extent of each exposure.
Hoffman v. AC&S, Inc.
248 Ga. App. 608 (Ga. Ct. App. 2001) Cited 43 times 1 Legal Analyses
Finding that evidence of proximity to a product that routinely contains asbestos is insufficient to survive summary judgment on the threshold requirement of exposure
Comcast Corporation v. Warren
286 Ga. App. 835 (Ga. Ct. App. 2007) Cited 22 times
Holding that the well-pleaded allegations of the complaint, combined with the defendant's default, were sufficient to support the award of punitive damages
Barclay v. Stephenson
337 Ga. App. 365 (Ga. Ct. App. 2016) Cited 10 times
Stating that a notice provision expressly made a condition to coverage must be satisfied and finding that "[a]n unjustified failure to give such notice ends the insurer's coverage obligations"
Thurmon v. Georgia Pacific, LLC
No. 14-15703 (11th Cir. May. 27, 2016) Cited 9 times
Stating that "[o]nce the moving party has adequately supported its motion, the non-movant then has the burden of showing that summary judgment is improper by coming forward with specific facts showing a genuine dispute."
Pirkle v. Quiktrip Corp.
325 Ga. App. 597 (Ga. Ct. App. 2014) Cited 10 times
No. A13A1789. 2014-01-24 PIRKLE v. QUIKTRIP CORPORATION. Daniel Bruce Greenfield, Jack Freddie Witcher, Bremen, for Appellant. Gray, Rust, St. Amand, Moffett & Brieske, Nicole Christine Leet, Norcross, Michael J. Rust, for Appellee. MILLER Daniel Bruce Greenfield, Jack Freddie Witcher, Bremen, for Appellant. Gray, Rust, St. Amand, Moffett & Brieske, Nicole Christine Leet, Norcross, Michael J. Rust, for Appellee. MILLER, Judge. Carlos Ross Pirkle, injured when he slipped and fell in a QuikTrip Store
Bullington v. Union Tool Corp.
254 Ga. 283 (Ga. 1985) Cited 38 times
Allowing for successor liability if it is proven that the purchase or transfer of corporate assets was "a fraudulent attempt to avoid successor liabilities"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 51-12-5.1 - Punitive damages
Ga. Code § 51-12-5.1 Cited 777 times 4 Legal Analyses
Allowing punitive damages under Georgia state law where "the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences"

Hanson et al v. Colgate-Palmolive Company et al

15 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a party cannot satisfy its burden at summary judgment by relying on legal conclusions or conclusory allegations

In Scapa Dryer, plaintiff's expert testified that each exposure above background levels contributed to plaintiff's mesothelioma regardless of the extent of each exposure.

Finding that evidence of proximity to a product that routinely contains asbestos is insufficient to survive summary judgment on the threshold requirement of exposure

Holding that the well-pleaded allegations of the complaint, combined with the defendant's default, were sufficient to support the award of punitive damages

Stating that a notice provision expressly made a condition to coverage must be satisfied and finding that "[a]n unjustified failure to give such notice ends the insurer's coverage obligations"

Stating that "[o]nce the moving party has adequately supported its motion, the non-movant then has the burden of showing that summary judgment is improper by coming forward with specific facts showing a genuine dispute."

Allowing for successor liability if it is proven that the purchase or transfer of corporate assets was "a fraudulent attempt to avoid successor liabilities"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Allowing punitive damages under Georgia state law where "the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences"