What is the initial burden of establishing a genuine issue of material fact?

MultiRegion, United States of America

The following excerpt is from Vaughn v. Hampton, Case No.: 19-cv-01687-H-KSC (S.D. Cal. 2021):

A party seeking summary judgment always bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. The moving party can satisfy this burden in two ways: (1) by presenting evidence that negates an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to establish an essential element of the nonmoving party's case that the nonmoving party bears the burden of proving at trial. Id. at 322-23; Jones v. Williams, 791 F.3d 1023, 1030 (9th Cir. 2015).

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