Summary Judgment– Adickes &

Celotex

What general issue is raised

by both Arnstein &

Dyer?

Assuming P must respond to D’s MSJ:

• What does P have to do to defeat D’s motion for summary judgment?

• How does P meet P’s burden of production?

What does Adickes tell us

about that issue?

Nothing

Then what is the issue in

Adickes?

What is the issue in Adickes?

• What does the D have to do to force P to respond to a motion for summary judgment?

• What does D have to show to force P to show P’s hand?

Plaintiff’s Case

D’s SJ Motion

What other case deals with the same issue?

Simplified (2 Element) Version of Adickes?

• Element #1: Officer violated P’s rights; and

• Element #2: Either• Officer conspired with

manager;• Officer conspired with

waitress.

Under Adickes, what must D do in its MSJ

to force P to respond?

Under Celotex, what must D do in its MSJ

to force P to respond?

According to Brennan’s opinion,

what must D do in its MSJ to force P to

respond?