What is the test for establishing a genuine issue of material fact?
MultiRegion, United States of America
The following excerpt is from HM Elecs., Inc. v. R.F. Techs., Inc., Case No. 12-cv-2884 BAS (MDD) (S.D. Cal. 2015):
genuine issue of material fact. See Celotex, 477 U.S. at 323. "The burden then shifts to the nonmoving party to establish, beyond the pleadings, that there is a genuine issue for trial." Miller v. Glenn Miller Prods., Inc., 454 F.3d 975, 987 (9th Cir. 2006) (citing Celotex, 477 U.S. at 324).
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