"When the movant makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to the nonmovant to present substantial evidence creating such an issue."
How later courts described this case
- "When the movant makes a prima facie showing that there is no genuine issue of material fact, the burden shifts to the nonmovant to present substantial evidence creating such an issue."
Written by the judges who cited it.
The opinion
I agree that the summary judgment was proper, but I would affirm on the basis that the evidence presented by Hobson does not *Page 346
constitute substantial evidence that ACIPCO did not comply with the peer review process.