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Salo v. Tyler, 2018 UT 7 (Feb. 22, 2018).

Feb 22, 2018

The Court disavowed any prior suggestion in Orvis v. Johnson, 2008 UT 2, that the Utah summary judgment standard is distinct from the federal standard stated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and held that when the burden of production falls on the nonmoving party, the movant can carry its burden of persuasion without putting on any evidence of its own by showing that the nonmoving party has no evidence to support an essential element of a claim.  Applying this standard, the court affirmed summary judgment granted to the defendants, dismissing the plaintiff’s claims for defamation and intentional interference.