Legal Memorandum: Summary Judgment in NE

Issue: What is the standard for a grant of summary judgment under Nebraska law?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; No genuine issue as to any material fact; Judgment as a matter of law
Jurisdiction: Nebraska
Cited Cases: 370 N.W.2d 93; 219 Neb. 610; 220 Neb. 328; 398 N.W.2d 693
Cited Statutes: Neb. Rev. Stat. Ann. § 25-1332 (1999)
Date: 05/01/2000

Summary judgment is appropriate if the evidence on file shows that “there is no genuine issue as to any material fact, that the ultimate inferences to be drawn from those facts are clear, and that the moving party is entitled to a judgment as a matter of law.”  Yankton Prod. Credit Ass’n v. Larsen, 219 Neb. 610, 614, 365 N.W.2d 430, 432 (1985); Neb. Rev. Stat. Ann. § 25-1332 (1999).  The moving party has the burden of establishing that summary judgment is appropriate.  Deutsche Credit Corp. v. Hi-Bo Farms, Inc., 224 Neb. 463, 469, 398 N.W.2d 693, 697 (1987).  In reviewing a motion for summary judgment, the court must consider all evidence in favor of the non-moving party, and any reasonable doubt as to the existence of genuine issues of material fact must be resolved in that party’s favor.  Mayer v. Howard, 220 Neb. 328, 332, 370 N.W.2d 93, 96 (1985).


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