Times standard at the time of publication, Defendants argue, they must win on this motion for summary judgment. The Court agrees. As stated above, in order to defeat a motion for summary judgment, Federal Rule 56 of Civil Procedure requires the nonmoving party to designate specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, 477 U.S. at 256-57. To do so, the nonmoving party must identify evidence that would support a jury verdict. Id. In assessing the record, the Court must see it in the light most favorable to the nonmoving party, Hancock Indus., 811 F.2d at 231, but must also apply the clear and convincing standard of proof to the evidence presented. Anderson v. Liberty Lobby, 477 U.S. at 255; see also In re Jobes, 108 N.J. 394, 441, 529 A.2d 434 (<HOLDING>). The substantive law directs the analysis and
holding that fraud on the court must be supported by clear unequivocal and convincing evidence holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied holding this to be evidence so clear direct and weighty and convincing as to enable the factfinder to come to a clear conviction without hesitancy of the truth of the precise facts in issue holding that a bad faith claim must be met through the clear and convincing evidence standard