16 Cited authorities

  1. Templet v. Hydrochem Inc.

    367 F.3d 473 (5th Cir. 2004)   Cited 2,310 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 1,079 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. Bellard v. Gautreaux

    675 F.3d 454 (5th Cir. 2012)   Cited 441 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"
  4. Duffy v. Leading Edge Products, Inc.

    44 F.3d 308 (5th Cir. 1995)   Cited 650 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
  5. Rosenblatt v. United Way of Houston

    607 F.3d 413 (5th Cir. 2010)   Cited 155 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 184 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 211 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 259 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 33 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. HomeLife in the Gardens, LLC v. Landry

    CIVIL ACTION No. 16-15549 SECTION I (E.D. La. Jan. 9, 2018)   Cited 8 times

    CIVIL ACTION No. 16-15549 SECTION I 01-09-2018 HOMELIFE IN THE GARDENS, LLC ET AL. v. LEIGH LANDRY LANCE M. AFRICK UNITED STATES DISTRICT JUDGE ORDER AND REASONS Before the Court is a motion filed by HomeLife in the Gardens, LLC ("HomeLife") and Donald E. Rankey, Jr. ("Rankey") (collectively, "counterclaim-defendants") for summary judgment as to all counterclaims asserted by Leigh Landry ("Landry"). The motion is unopposed. R. Doc. No. 70. The counterclaim-defendants' motion for summary judgment

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 327,983 times   158 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 9,989 times   17 Legal Analyses
    Permitting the use of declarations instead