Orien L. Tulp v. Educational Commission for Foreign Medical Graduates, et al.
DueProcess
Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment 'the evidence of the non-movant is to be believed and all justifiable inferences are drawn in his favor'?
QUESTIONS PRESENTED 1. Did the lower Court fail to adhere to the axiom that in ruling on a motion for summary judgment “the evidence of the non-movant is to be believed and all justifiable inferences are drawn in his favor”? 2. Did the lower Court violate its function at summary judgment by weighting the evidence and determine the truth of the matter instead of determining whether there was a genuine issue for trial? 3. Did the lower Court’s opinion reflect a clear misapprehension of summary judgment standards in light of this Court’s precedent in Tolan v. Cotton, 572 U.S. 650, 660 (2014)?