59 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 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 216,195 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 113,067 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
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,248 times 9 Legal Analyses
Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
McMillian v. Monroe County
520 U.S. 781 (1997) Cited 1,389 times 1 Legal Analyses
Holding that even though "the sheriff's jurisdiction is limited to the borders of his county," the sheriff was a state official
Davis v. Town of Lake Park
245 F.3d 1232 (11th Cir. 2001) Cited 888 times
Holding that job performance memoranda rarely constitute adverse employment actions
Brungart v. Bellsouth Telecommunications
231 F.3d 791 (11th Cir. 2000) Cited 700 times
Holding that even where there is close temporal proximity, summary judgment should be granted on a claim of retaliation where there is no evidence that the decisionmaker was aware that the plaintiff had engaged in any protected conduct
Graham v. State Farm Mut. Ins. Co.
193 F.3d 1274 (11th Cir. 1999) Cited 631 times
Holding that a voluntary resignation was not an adverse employment action
Drago v. Jenne
453 F.3d 1301 (11th Cir. 2006) Cited 394 times
Holding that a three-month gap between the protected action and alleged retaliation was not sufficiently proximate to show causation
Clover v. Total Sys. Servs., Inc.
176 F.3d 1346 (11th Cir. 1999) Cited 475 times 1 Legal Analyses
Holding that § 2000e-3's "participated in any manner" clause includes and protects an employee's participation in an employer's post-charge internal investigation, a form of participation more indirect than Gogel's
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,543 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 107,887 times 195 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit
28 U.S.C. § 1738 Cited 7,517 times 15 Legal Analyses
Referring to "[t]he Acts of the legislature" in the full faith and credit context
Section 2612 - Leave requirement
29 U.S.C. § 2612 Cited 4,940 times 39 Legal Analyses
Granting qualifying employees twelve weeks of FMLA leave in a 12-month period
Section 13-6-11 - Recovery of expenses of litigation generally
Ga. Code § 13-6-11 Cited 1,656 times 4 Legal Analyses
Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”
Section 9-11-41 - Dismissal of actions; recommencement within six months
Ga. Code § 9-11-41 Cited 467 times 2 Legal Analyses
Providing that "[t]he effect of dismissals shall be as follows.. Any other dismissal under this subsection and any dismissal not provided for in this Code section, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits ..."
Section 9-12-40 - Judgment conclusive between which persons and on what issues
Ga. Code § 9-12-40 Cited 425 times
Barring claims that were asserted "or under the rules of law might have been" asserted in the earlier action
Section 1-3-1 - Construction of statutes generally
Ga. Code § 1-3-1 Cited 279 times
Defaulting in statutory interpretation to ordinary meaning, except for "words of art or words connected with a particular trade or subject matter"
Section 45-1-4 - Complaints or information from public employees as to fraud, waste, and abuse in state programs and operations
Ga. Code § 45-1-4 Cited 135 times
Prohibiting a “public employer” from retaliating against a “public employee” for disclosing a violation of the law or objecting to an unlawful policy
Section 50-14-1 - Meetings to be open to public; limitation on action to contest agency action; recording; notice of time and place; access to minutes; teleconference
Ga. Code § 50-14-1 Cited 103 times 4 Legal Analyses
Providing that all votes "shall be taken in ... compliance with the posting and agenda requirements"

Akins v. Atlanta Independent School System et al

59 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 when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

Holding that even though "the sheriff's jurisdiction is limited to the borders of his county," the sheriff was a state official

Holding that job performance memoranda rarely constitute adverse employment actions

Holding that even where there is close temporal proximity, summary judgment should be granted on a claim of retaliation where there is no evidence that the decisionmaker was aware that the plaintiff had engaged in any protected conduct

Holding that a voluntary resignation was not an adverse employment action

Holding that a three-month gap between the protected action and alleged retaliation was not sufficiently proximate to show causation

Holding that § 2000e-3's "participated in any manner" clause includes and protects an employee's participation in an employer's post-charge internal investigation, a form of participation more indirect than Gogel's

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

Holding that such dismissal "operates as an adjudication on the merits"

Referring to "[t]he Acts of the legislature" in the full faith and credit context

Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”

Barring claims that were asserted "or under the rules of law might have been" asserted in the earlier action

Defaulting in statutory interpretation to ordinary meaning, except for "words of art or words connected with a particular trade or subject matter"

Prohibiting a “public employer” from retaliating against a “public employee” for disclosing a violation of the law or objecting to an unlawful policy

Providing that all votes "shall be taken in ... compliance with the posting and agenda requirements"