23 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,092 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 217,065 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,508 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
Felty v. Graves-Humphreys Co.
818 F.2d 1126 (4th Cir. 1987) Cited 1,553 times
Holding that the Court may rely only upon the facts supported in the record, not Plaintiff's assertions in the pleadings
Ross v. Communications Satellite Corp.
759 F.2d 355 (4th Cir. 1985) Cited 1,603 times
Holding that a plaintiff's conclusory allegations, without more, are insufficient to preclude granting the summary judgment motion
Sanchez v. Bos. Sci. Corp.
CIVIL ACTION NO. 2:12-cv-05762 (S.D.W. Va. Jan. 17, 2014) Cited 234 times
In Sanchez v. Boston Scientific Corp., 2014 WL 202787 (S.D. W. Va. Jan. 17, 2014), the district court denied Boston Scientific's motion for summary judgment on timeliness grounds.
Hataway v. McKinley
830 S.W.2d 53 (Tenn. 1992) Cited 218 times
Holding that courts apply the “law of the state where the injury occurred . . . unless, with respect to a particular issue, some other state has a more significant relationship to the occurrence and the parties . . . .”
Wyatt v. A-Best, Company
910 S.W.2d 851 (Tenn. 1996) Cited 147 times
Holding that the statute of limitations is tolled "only during the period when the plaintiff had no knowledge at all that the wrong had occurred and, as a reasonable person, was not put on inquiry"
Pittman v. Upjohn Co.
890 S.W.2d 425 (Tenn. 1994) Cited 149 times 6 Legal Analyses
Holding that, where a patient's adult grandson took some of the patient's diabetes medication and suffered a severe reaction, injury was not reasonably foreseeable
King v. Danek Medical, Inc.
37 S.W.3d 429 (Tenn. Ct. App. 2000) Cited 95 times 3 Legal Analyses
Holding that negligence per se claim based on violation of 21 U.S.C. § 351 lacked sufficient substantive content because the Food Drug and Cosmetic Act imposed administrative requirements rather than standards of care
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 28-3-104 - Personal tort actions; actions against certain professionals
Tenn. Code § 28-3-104 Cited 1,592 times 4 Legal Analyses
Setting forth one-year statute of limitations for § 1983 claims
Section 29-28-102 - Chapter definitions
Tenn. Code § 29-28-102 Cited 223 times 1 Legal Analyses
Recognizing "actions based upon ... breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent" as "[p]roduct liability action"
Section 47-2-315 - Implied warranty - Fitness for particular purpose - Exception for certain livestock
Tenn. Code § 47-2-315 Cited 49 times
Requiring that the seller know that "the buyer is relying on the seller's skill or judgment to select or furnish suitable goods"

Shiflet v. Boston Scientific Corporation

23 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, 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 the Court may rely only upon the facts supported in the record, not Plaintiff's assertions in the pleadings

Holding that a plaintiff's conclusory allegations, without more, are insufficient to preclude granting the summary judgment motion

In Sanchez v. Boston Scientific Corp., 2014 WL 202787 (S.D. W. Va. Jan. 17, 2014), the district court denied Boston Scientific's motion for summary judgment on timeliness grounds.

Holding that courts apply the “law of the state where the injury occurred . . . unless, with respect to a particular issue, some other state has a more significant relationship to the occurrence and the parties . . . .”

Holding that the statute of limitations is tolled "only during the period when the plaintiff had no knowledge at all that the wrong had occurred and, as a reasonable person, was not put on inquiry"

Holding that, where a patient's adult grandson took some of the patient's diabetes medication and suffered a severe reaction, injury was not reasonably foreseeable

Holding that negligence per se claim based on violation of 21 U.S.C. § 351 lacked sufficient substantive content because the Food Drug and Cosmetic Act imposed administrative requirements rather than standards of care

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

Setting forth one-year statute of limitations for § 1983 claims

Recognizing "actions based upon ... breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent" as "[p]roduct liability action"

Requiring that the seller know that "the buyer is relying on the seller's skill or judgment to select or furnish suitable goods"