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2 Jan 2019, 2:55 pm by MOTP
A party moving for traditional summary judgment bears the burden of showing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. [read post]
21 Dec 2018, 8:30 am by Beth Graham
Kmart Stores of Tex., 510 S.W.3d at 570-71 (holding in light of conflicting evidence that neither side could establish its position as a matter of law and deferring to the trial court’s credibility and demeanor assessments). [read post]
16 Nov 2018, 6:45 am by MOTP
THE SUMMARY JUDGMENT EVIDENCE As a preliminary matter, we address Furmanite, Galbraith, and Southcross's arguments about the summary judgment evidence. [read post]
13 Nov 2018, 6:00 am by Beth Graham
If the movant has proven there is an arbitration agreement as a matter of law, the trial court must compel arbitration. [read post]
6 Nov 2018, 9:11 am by MOTP
Standard of Review The summary-judgment movant must conclusively establish its right to judgment as a matter of law. [read post]
4 Nov 2018, 10:56 am by Schachtman
CSX Transportation, Inc., 955 S.W.2d 257 (Tenn. 1997) (considering confounding but holding that it was a jury issue); Perkins v. [read post]