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Union Pacific’s Assertions

8 In its brief on appeal, Union Pacific claims that it is entitled to a judgment as a matter of law because Christiansen has not presented "any evidence that the level of [his] alleged exposures, if any, were known or even should have been known to [Union Pacific] to be hazardous."

Union Pacific correctly argues that summary judgment would be proper in this case if we determine that Christiansen failed to make a showing "'"sufficient to establish the existence of an element essential to [his] case."'" Anderson Dev. Co., 2005 UT 36 at 23 (citations omitted).

However, we assess whether Christiansen has met this burden by viewing his case in light of the applicable "substantive evidentiary standard of proof" and affirm denial of the motion if Christiansen has provided the minimum of evidence to allow "a fair-minded jury" to "return a verdict for [him]." Anderson, 477 U.S. at 252.

Courtesy of Christiansen v. Union Pacific
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IN THIS SECTION
Parties in the Case
Review of the Facts in the Case
Plantiff's Asbestos Exposure
Union Pacific's Motion Denied
Issues and Standard of Review
Analysis
Union Pacific's Assertions
The Court's Considerations
FELA Defendants
Union Pacific's Contentions
Summary Judgment on the Limitations Period
Plaintiff Learns of his Injury
The Trial Court's Decision
The Plaintiff's Argument
Did the Plaintiff Diligently Pursue his Claim?
The Court's Opinion
The Court's Conclusons


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see also:

Analysis Christiansen v. Union Pacific: Analysis
Read more about important asbestos cases here

Summary Judgment on the Limitations Period Christiansen v. Union Pacific: Judgment on the Limitations Period
Read about the Court Opinion on Summary Judgment on Limiations Periods

Christiansen v. Union Pacific Christiansen v. Union Pacific: Important Asbestos litigation decision
Read about the asbestos case of Christiansen v. Union Pacific