Filed May 29, 2007
As noted by the Ninth Circuit in Doff v. Brunswick Corp., 372 F.2d 801, 10 Fed.R.Serv.2d 1432 (9th Cir.1966) ; cert. denied Doff v. Brunswick Corp., 389 U.S. 820, 88 S.Ct. 39, 19 L.Ed.2d 71 (1967): Where, on the basis of the materials presented by his affidavits, the moving party, if at trial, would be entitled to a directed verdict unless contradicted, it rests upon the opposing party at least to specify some evidence to show that such contradiction is possible. (internal citations omitted.)
Filed October 12, 2009
See also Scharf v. U.S. Att'y Gen., 597 F.2d 1240, 1243 (9th Cir.1979) (“courts generally are much more lenient with the affidavits of a party opposing a summary judgment motion.”); Doff v. Brunswick Corp., 372 F.2d 801, 804 (9th Cir.1966) (referring to the “rule of liberal construction of a counter affiant’s papers”), cert. denied, 389 U.S. 820, 88 S.Ct. 39 (1967).
Filed August 1, 2016
“More is required from [a declarant] than mere hearsay and legal conclusion.” Doff v. Brunswick Corp., 372 F.2d 801, 804 (9th Cir. 1966) (citation omitted). Under Federal Rule of Evidence 602, a witness must have personal knowledge.
Filed March 13, 2013
Thus, the SEC was entitled to summary judgment only if it demonstrated that there was no genuine issue of material fact as to [defendant’s] affirmative defense or that, viewing the evidence and the inferences which could be drawn therefrom in the light most favorable to [defendant], the SEC was clearly entitled to prevail as a matter of law.”) (citing Doff v. Brunswick Corp., 372 F.2d 801, 805 (9th Cir. 1996) (emphasis added). The Commission has not satisfied such a burden.