531 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,866 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 216,014 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"
Pearson v. Callahan
555 U.S. 223 (2009) Cited 22,446 times 8 Legal Analyses
Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 112,965 times 38 Legal Analyses
Holding 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
Jackson v. Virginia
443 U.S. 307 (1979) Cited 77,575 times 16 Legal Analyses
Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
Graham v. Connor
490 U.S. 386 (1989) Cited 25,178 times 26 Legal Analyses
Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
Univ. of Tex. Sw. Med. Ctr. v. Nassar
570 U.S. 338 (2013) Cited 5,197 times 78 Legal Analyses
Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation
Tolan v. Cotton
572 U.S. 650 (2014) Cited 4,918 times 1 Legal Analyses
Holding that, in determining whether a dispute about a material fact is "genuine," the trial court must not weigh the evidence and instead must draw all reasonable inference in the nonmoving party's favor
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,006 times 500 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Bowles v. Russell
551 U.S. 205 (2007) Cited 3,473 times 19 Legal Analyses
Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 498,671 times 39 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,542 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,220 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,127 times 133 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,608 times 138 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 61,551 times 78 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,076 times 141 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,849 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 32.1 - Citing Judicial Dispositions
Fed. R. App. P. 32.1 Cited 34,333 times 152 Legal Analyses
Permitting court to cite to unpublished federal judicial opinions
Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings
Fed. R. Civ. P. 52 Cited 26,367 times 100 Legal Analyses
Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"
Section 541.200 - General rule for administrative employees
29 C.F.R. § 541.200 Cited 891 times 92 Legal Analyses
Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers
Section 541.100 - General rule for executive employees
29 C.F.R. § 541.100 Cited 846 times 52 Legal Analyses
Requiring payment "on a salary basis at a rate of not less than $455 per week"
Section 541.700 - Primary duty
29 C.F.R. § 541.700 Cited 779 times 60 Legal Analyses
Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"
Section 142-2.2 - Overtime rate
N.Y. Comp. Codes R. & Regs. tit. 12 § 142-2.2 Cited 620 times 1 Legal Analyses
Adopting most FLSA exemption categories, including outside salesman
Section 541.201 - Directly related to management or general business operations
29 C.F.R. § 541.201 Cited 479 times 74 Legal Analyses
Listing examples of the functional areas related to "management or general business operations"
Section 541.102 - Management
29 C.F.R. § 541.102 Cited 428 times 11 Legal Analyses
Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties
Section 516.2 - Employees subject to minimum wage or minimum wage and overtime provisions pursuant to section 6 or sections 6 and 7(a) of the Act
29 C.F.R. § 516.2 Cited 401 times 17 Legal Analyses
Listing records and information employers must keep
Section 785.19 - Meal
29 C.F.R. § 785.19 Cited 317 times 20 Legal Analyses
Excluding bona fide lunch breaks from “worktime”
Section 825.104 - Covered employer
29 C.F.R. § 825.104 Cited 291 times 20 Legal Analyses
Defining “Covered employer”
Section 639.3 - Definitions
20 C.F.R. § 639.3 Cited 230 times 12 Legal Analyses
Describing what constitutes a "single site of employment"

Calvo v. Summit Broadband Inc., et al

531 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 a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

Holding 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

Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

Holding that, in determining whether a dispute about a material fact is "genuine," the trial court must not weigh the evidence and instead must draw all reasonable inference in the nonmoving party's favor

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Holding party seeking fees may additionally seek "nontaxable expenses"

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Permitting court to cite to unpublished federal judicial opinions

Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"

Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers

Requiring payment "on a salary basis at a rate of not less than $455 per week"

Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

Adopting most FLSA exemption categories, including outside salesman

Listing examples of the functional areas related to "management or general business operations"

Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties

Listing records and information employers must keep

Excluding bona fide lunch breaks from “worktime”

Defining “Covered employer”

Describing what constitutes a "single site of employment"