33 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,278 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Christopher v. Smithkline Beecham Corp.
567 U.S. 142 (2012) Cited 332 times 4 Legal Analyses
Holding that Auer "[d]eference is undoubtedly inappropriate. . . when the agency's interpretation is plainly erroneous or inconsistent with the regulation."
Precision Co. v. Automotive Co.
324 U.S. 806 (1945) Cited 1,062 times 9 Legal Analyses
Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )
In re Sealed Case
116 F.3d 550 (D.C. Cir. 1997) Cited 425 times 2 Legal Analyses
Holding that the government bears the burden of proving executive privilege applies to communications involving "dual hat" presidential advisors
Southern Const. Co. v. Pickard
371 U.S. 57 (1962) Cited 219 times
Finding that the purpose of Rule 13 is "to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters"
Convertino v. U.S. Dep't of Justice
684 F.3d 93 (D.C. Cir. 2012) Cited 143 times
Reversing summary judgment and remanding to allow Convertino to complete his efforts to discover the identity of the official or officials responsible for the leak
Theodore Roosevelt Conservation v. Salazar
616 F.3d 497 (D.C. Cir. 2010) Cited 146 times
Holding that it is not “arbitrary and capricious for the [agency] to omit from its cumulative impact analysis other projects for which nothing had been completed except notices of intent, each published after the ... draft EIS had been released.”
Humane Soc. of U.S. v. Locke
626 F.3d 1040 (9th Cir. 2010) Cited 139 times 1 Legal Analyses
Holding that when the agency's "explanation is incomplete and inadequate to permit meaningful judicial review," the proper remedy is a remand "to afford the agency the opportunity to . . . articulate a reasoned explanation for its action"
Vaughn v. Rosen
523 F.2d 1136 (D.C. Cir. 1975) Cited 362 times
Holding that the agency's affidavits fail to carry its burden of proof "because at no place do they define, explain, or limit the 'deliberative process' which the Government seeks to protect
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,949 times 653 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,365 times 36 Legal Analyses
Adopting the definition given in Section 551

Federal Deposit Insurance Corporation v. Bank of America, N.A.

33 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that Auer "[d]eference is undoubtedly inappropriate. . . when the agency's interpretation is plainly erroneous or inconsistent with the regulation."

Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )

Holding that the government bears the burden of proving executive privilege applies to communications involving "dual hat" presidential advisors

Finding that the purpose of Rule 13 is "to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters"

Reversing summary judgment and remanding to allow Convertino to complete his efforts to discover the identity of the official or officials responsible for the leak

Holding that it is not “arbitrary and capricious for the [agency] to omit from its cumulative impact analysis other projects for which nothing had been completed except notices of intent, each published after the ... draft EIS had been released.”

Holding that when the agency's "explanation is incomplete and inadequate to permit meaningful judicial review," the proper remedy is a remand "to afford the agency the opportunity to . . . articulate a reasoned explanation for its action"

Holding that the agency's affidavits fail to carry its burden of proof "because at no place do they define, explain, or limit the 'deliberative process' which the Government seeks to protect

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Adopting the definition given in Section 551