Most ERISA disability cases are ruled on by Judges

Summary Judgment

Rule 56(c) provides for summary judgment if the court, viewing the record as a whole, determines “that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”  Fed. R. Civ. P. Rule 56(c).  In deciding a motion for summary judgment, the court must view the facts and inferences to be drawn therefrom in the light most favorable to the non-moving party.  Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986).  To defeat summary judgment, the non-moving party must go beyond the pleadings with affidavits, depositions, interrogatories, or other evidence to show that there is in fact a genuine issue for trial.  Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986).