16 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,147 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 217,112 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,521 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Klaxon Co. v. Stentor Co.
313 U.S. 487 (1941) Cited 10,511 times 6 Legal Analyses
Holding that Erie doctrine applies to conflict-of-law rules
United States v. Four Parcels of Real Prop.
941 F.2d 1428 (11th Cir. 1991) Cited 2,098 times
Holding that "[t]o prevail, the moving party must do one of two things: show that the non-moving party has no evidence to support its case, or present "affirmative evidence demonstrating that the non-moving party will be unable to prove its case at trial."
O'Neal v. Kennamer
958 F.2d 1044 (11th Cir. 1992) Cited 260 times
Holding that motions to vacate or amend a judgment "should not be used to raise arguments which could, and should, have been made before the judgment was issued"
Rydde v. Morris
381 S.C. 643 (S.C. 2009) Cited 80 times
Finding this court must construe the complaint in the light most favorable to Appellants to determine if the facts alleged and inferences reasonably deducible therefrom would entitle Appellants to relief on any theory of the case
Fed. Ins. Co. v. Nat. Distributing
203 Ga. App. 763 (Ga. Ct. App. 1992) Cited 73 times 1 Legal Analyses
Holding rule applies to insurance contract with named insureds in multiple states
Smith v. Haynsworth, Marion, McKay Geurard
322 S.C. 433 (S.C. 1996) Cited 38 times
Holding that, "in appropriate cases, the RPC may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action"
Southeastern Housing v. Smith
380 S.C. 621 (S.C. Ct. App. 2008) Cited 10 times
Indicating that a Rule 59(e) motion removes the finality of the challenged judgment
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 9-11-9.1 - Affidavit to accompany charge of professional malpractice
Ga. Code § 9-11-9.1 Cited 609 times
Requiring an expert affidavit in professional malpractice suits
Section 9-11-30 - Depositions upon oral examination
Ga. Code § 9-11-30 Cited 96 times 2 Legal Analyses
Providing that depositions must be recorded and “the party taking the deposition shall bear the costs of the recording”

Degenhart, M.D. v. Congaree State Bank et al

16 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, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that Erie doctrine applies to conflict-of-law rules

Holding that "[t]o prevail, the moving party must do one of two things: show that the non-moving party has no evidence to support its case, or present "affirmative evidence demonstrating that the non-moving party will be unable to prove its case at trial."

Holding that motions to vacate or amend a judgment "should not be used to raise arguments which could, and should, have been made before the judgment was issued"

Finding this court must construe the complaint in the light most favorable to Appellants to determine if the facts alleged and inferences reasonably deducible therefrom would entitle Appellants to relief on any theory of the case

Holding rule applies to insurance contract with named insureds in multiple states

Holding that, "in appropriate cases, the RPC may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action"

Indicating that a Rule 59(e) motion removes the finality of the challenged judgment

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

Requiring an expert affidavit in professional malpractice suits

Providing that depositions must be recorded and “the party taking the deposition shall bear the costs of the recording”