Tate Clark v. Southwest Airlines Company
SocialSecurity Immigration
Whether the District Court and Court of Appeals failed to view the evidence presented in conjunction with Respondent's motion for summary judgment in the light most favorable to Petitioner and weighed the evidence
QUESTION PRESENTED Itis well settled law that the evidence in support or opposition of a summary judgment motion and the factual inferences drawn therefrom are to be viewed by a court in the light most favorable to the party opposing the motion. Matsushita Electric Industrial Co., Ltd, et al. v. Zenith Radio Corp. et al., 475 U.S. 574, 587 (1986). Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). At the summary judgment stage the judge's function is not to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial. Id. at 249. Therefore the question presented is whether the District Court and Court of Appeals failed to view the evidence presented in conjunction with Respondent’s motion for summary judgment in the light most favorable to Petitioner and weighed the evidence.