Issue: Summary judgment under the Brill test.
| Area of Law: | Litigation & Procedure |
| Keywords: | Summary judgment; Brill test; No genuine issues of material fact |
| Jurisdiction: | Federal |
| Cited Cases: | 163 N.J. 336; 142 N.J. 520 |
| Cited Statutes: | None |
| Date: | 06/01/2001 |
Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 536 (1995). Summary judgment may not be granted unless there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. All inferences from the evidence must be drawn in favor of the non-moving party, and no determinations of credibility or weighing of evidence may be undertaken. Id. at 535-36. Under the Brill test, the essential question is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one‑sided that one party must prevail as a matter of law." Id. at 533; accord Schneider v. Simonini, 163 N.J. 336, 360 (2000), cert. denied, 121 S. Ct. 1083 (2001).
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