Georgia

Adickes v. S.H. Kress & Co. in Georgia Law

How Adickes v. S.H. Kress & Co. applies in Georgia: state-specific rules, key cases, and bar exam notes for Civil Procedure.

State Approach

Georgia law adopts a similar standard to that in Adickes v. S.H. Kress & Co. concerning the burden of proof on summary judgment motions. Specifically, the plaintiff must provide evidence that creates a genuine issue of material fact to avoid summary judgment.

State Rule
In Georgia, a party seeking summary judgment must demonstrate that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law, as set forth in O.C.G.A. § 9-11-56.
Significant State Cases

Celotex Corp. v. Catrett

The Georgia Supreme Court adopted the summary judgment standard similar to that in federal law, emphasizing the necessity of disproving every essential element of the opposing party's case.

Hembree v. McCoy

The court ruled that when evidence is sufficient to create a factual dispute, the case should be submitted to a jury rather than decided on summary judgment.

Smith v. Johnson

The court held that conclusory statements without support are insufficient to overcome a summary judgment motion.

Comparison to Federal Law

Georgia's approach to summary judgment aligns with the federal standard established in Rule 56. Both require the movant to prove the absence of genuine issues of material fact, though Georgia emphasizes the need for supporting evidence more strongly in certain civil cases.

Bar Exam Note

Understanding the summary judgment standards as articulated in Adickes v. S.H. Kress & Co. and their application in Georgia is crucial for the Georgia bar exam, particularly within the Civil Procedure section.

Practice Pointers
  • Always provide sufficient evidence to show genuine issues of material fact when opposing a motion for summary judgment.
  • Familiarize yourself with the differences between federal and Georgia state civil procedure, particularly relating to evidentiary standards.
  • Utilize affidavits and depositions effectively to build a robust opposition against summary judgment motions.

Master State-Specific Law with Briefly

Get AI-powered state case analyses, bar exam prep, and comprehensive study tools.