In TN, we are not allowed to say that the non-moving party just didn’t prove an essential element of their case; we must prove with affidavits, etc. that there is not genuine issue.  This court screwed up the interpretations of Celetex.  The whole discussion of Celetex was dicta anyway.  Byrd misstates Celetex by saying that that court focused on the nonmoving party’s response, when Celetex solely focused on the moving party.  Because of this misstatement, TN doesn’t recognize the “put up or shut up” motion.

  1. In TN, Byrd is our binding authority.  Byrd claims to follow Celetex standard, but in reality, it adopted Adickes.  It has gone unchallenged.