Legal Writing in Plain English (2nd edn, 2013). po. 214 Bottom - 215 Top. Link to old edition.
If the evidence is merely colorable, or is not sufficiently probative, summary judgment is proper.29 As the Supreme Court has made clear, a nonmovant cannot
raise a genuine fact issue merely by showing "some metaphysical doubt" about the facts.30 If the record as a whole could not lead a rational fact-finder to decide for the nonmovant, then no genuine fact issue remains for trial.31 As this Court has observed, summary judgment "affords a merciful end to litigation that would otherwise be lengthy and expensive."32
30 Matsushita, 475 U.S. at 586; see also Little v. Liquid Air Carp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc).
Second, the issue of fact must be "genuine." Fed.Rules Civ.Proc. 56(c), (e). When the moving party has carried its burden under Rule 56(c), [Footnote 12] its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. See DeLuca v. Atlantic Refining Co., 176 F.2d 421, 423 (CA2 1949) (L. Hand, J.), cert. denied, 338 U.S. 943 (1950); 10A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2727 (1983); Clark, Special Problems