16 Cited authorities

  1. Templet v. Hydrochem Inc.

    367 F.3d 473 (5th Cir. 2004)   Cited 1,701 times
    Holding evidence was not newly discovered because "the underlying facts were well within the [party's] knowledge prior to the district court's entry of judgment"
  2. Simon v. U.S.

    891 F.2d 1154 (5th Cir. 1990)   Cited 869 times
    Holding that the defense was waived when it contained more than a pure issue of law and would have changed plaintiff’s trial strategy
  3. Duffy v. Leading Edge Products, Inc.

    44 F.3d 308 (5th Cir. 1995)   Cited 538 times
    Holding that a showing of actual malice, which in the context of defamation refers to making a statement with knowledge that it is false, or with reckless disregard of whether it is true, defeats the qualified privilege
  4. Bellard v. Gautreaux

    675 F.3d 454 (5th Cir. 2012)   Cited 315 times
    Holding that the plaintiff's testimony about what a non-party told the plaintiff about a conversation the non-party had with the defendant constituted "textbook hearsay"
  5. Rosenblatt v. United Way of Houston

    607 F.3d 413 (5th Cir. 2010)   Cited 133 times
    Affirming denial of motion to amend because plaintiff could have brought claims earlier
  6. Marshall v. East Carroll Parish Hospital

    134 F.3d 319 (5th Cir. 1998)   Cited 166 times
    Holding conclusory, unsupported, statements in an affidavit insufficient to create a genuine issue of material fact
  7. Russ v. International Paper Co.

    943 F.2d 589 (5th Cir. 1991)   Cited 191 times   1 Legal Analyses
    Holding that an unexcused failure to present evidence that was available at the time a summary judgment motion was under consideration is a valid basis for denying a motion to reconsider
  8. Pan-Islamic Trade Corp. v. Exxon Corp.

    632 F.2d 539 (5th Cir. 1980)   Cited 220 times
    Holding that inadmissible hearsay cannot be properly used to oppose summary judgment
  9. Amie v. El Paso Independent School District

    253 F. App'x 447 (5th Cir. 2007)   Cited 24 times
    Determining that the district court did not abuse its discretion by striking an individual's affidavit that contained "no factual support for her personal knowledge"
  10. Karim v. Finch Shipping Company

    111 F. Supp. 2d 783 (E.D. La. 2000)   Cited 21 times

    Civil Action No. 95-4169 (REF: ALL) Section "L"(3). May 23, 2000. Paul C. Miniclier, Law Office of Paul C. Miniclier, New Orleans, LA, Priscilla M. Schwartz, Metairie, LA, for plaintiffs. James A. Cobb, Jr., Randolph J. Waits, John F. Emmett, Emmett, Cobb, Waits, Kessenich O'Neil, New Orleans, LA, for defendant Finch Shipping Co., Ltd. David James Motter, Capella Law Firm, Metairie, LA, for movant Mac Rahman. Andrew Struben, deKlerk, Joseph Dwight Lablanc, III, Frilot, Patridge, Kohnke Clements,

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 278,124 times   115 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 7,883 times   11 Legal Analyses
    Giving such a declaration "like force and effect" to a sworn affidavit