Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 times 38 Legal AnalysesHolding 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 216,195 times 40 Legal AnalysesHolding 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,067 times 38 Legal AnalysesHolding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,268 times 225 Legal AnalysesHolding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,547 times 67 Legal AnalysesHolding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Hunt v. Cromartie
526 U.S. 541 (1999) Cited 2,876 times 1 Legal AnalysesHolding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party
Sparling v. Daou
411 F.3d 1006 (9th Cir. 2005) Cited 1,285 times 5 Legal AnalysesHolding that scienter is an element of § 10(b) claim
Cal. Arch. Bldg. Prod. v. Franciscan Ceramics
818 F.2d 1466 (9th Cir. 1987) Cited 1,893 timesHolding that futility is a valid reason for denying leave to amend
Miller v. Glenn Miller Productions, Inc.
454 F.3d 975 (9th Cir. 2006) Cited 888 times 5 Legal AnalysesHolding that plaintiffs had constructive knowledge of infringement where they were shareholders in the defendants' organization, the defendants had "openly sold merchandise bearing the ... mark" at performances for years, and one of the plaintiffs had attended performances where such merchandise was sold
Triton Energy Corp. v. Square D Co.
68 F.3d 1216 (9th Cir. 1995) Cited 1,264 timesHolding in a design defect product liability suit that plaintiff's expert opinion could not defeat summary judgment because it was not reliable in the absence of physical evidence supporting the alleged defect theory
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,529 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,543 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,638 times 254 Legal AnalysesAdopting the Daubert standard
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,460 times 48 Legal AnalysesGranting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,193 times 133 Legal AnalysesHolding liable any person who "make any untrue statement of material fact"
Section 230.501 - Definitions and terms used in Regulation D
17 C.F.R. § 230.501 Cited 153 times 20 Legal AnalysesDefining "accredited investor" to include persons "who the issuer reasonably believes" are accredited