DAVIS
v.
FULCOMER, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT HUNTINGDON

U.S. | 1985-12-02
No. 85-5527
474 U.S. 1010 Supreme Court of the United States (1985) Positive Treatment
Cited by 2 cases

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  • Jayne G. Nathanson v. The Med. Coll. of Pa., 926 F.2d 1368 (3d Cir. 1991)
    …d Cir.1986). Summary judgment may not be granted, however, if there is a disagreement over what inferences can be reasonably drawn from the facts even if the facts are undisputed. See, e.g., Gans v. Mundy, 762 F. 2d 338, 340 (3d Cir.), cert. denied, 474 U.S. 1010, 106 S.Ct. 537, 88 L.Ed.2d 467 (1985). For purposes of its motion for summary judgment, MCP admitted Nathanson’s version of the objective facts, including her allegation that she was handicapped under § 504 of the Act. Moreover, for purposes of dec…
  • Mazur v. Merck & Co., Inc., 964 F.2d 1348 (3d Cir. 1992)
    …be drawn against the movant ... and in favor of the nonmovant. Id. (citations omitted). Merck bears the “ultimate burden of showing the absence of a genuine issue as to any material fact.” Gans v. Mundy, 762 F. 2d 338, 343 (3d Cir.), cert. denied, 474 U.S. 1010, 106 S.Ct. 537, 88 L.Ed.2d 467 (1985). But if this standard is met, the burden shifts to the Mazurs to [*1353] establish a “genuine issue of material fact.” Id. We apply Pennsylvania law and must predict how the Pennsylvania Supreme Court would dec…

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