Whether the Fifth Circuit erred in applying the summary judgment standard under Rule 56 by drawing its own credibility determinations and adverse inferences based on alleged inconsistencies between testimonial evidence from interested parties and various pleadings and other statements, thereby creating a de facto heightened burden of proof for weighing such testimonial evidence even where admittedly not a sham, in disregard of this Court's teachings on the standards for summary judgment and the weight to be given the non-movant's evidence.

Whether a federal appellate court may improperly weigh testimonial evidence and draw adverse credibility inferences when reviewing a summary judgment record, thereby creating a de facto heightened burden of proof for interested parties' testimony