28 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,991 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 216,978 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 113,466 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
Scott v. Harris
550 U.S. 372 (2007) Cited 11,851 times 11 Legal Analyses
Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
Saldana v. Kmart Corp.
260 F.3d 228 (3d Cir. 2001) Cited 1,537 times
Holding that a "mere possibility" is insufficient as a matter of law
Serv-A-Portion, Inc. v. J.F. Feeser Inc.
499 U.S. 921 (1991) Cited 218 times
Holding that hearsay evidence produced in an affidavit opposing summary judgment may be considered if the out-of-court declarant could later present the evidence through direct testimony, i.e., in a form that would be admissible at trial
W. B. v. Matula
67 F.3d 484 (3d Cir. 1995) Cited 478 times
Holding that a jury could reasonably find a violation of Child Find where a school failed to conduct an evaluation within six months after the personal observations of teachers and the receipt of information from parents provided notice of the student's likely disability
Murphy v. Implicito
392 N.J. Super. 245 (App. Div. 2007) Cited 294 times
Holding per quod claims are only permissible for contact claim where personal injury results from a breach of contract
Nester v. O'Donnell
301 N.J. Super. 198 (App. Div. 1997) Cited 186 times
Recognizing that contract ambiguity is a question of law determined by whether the contract is "susceptible to at least two reasonable alternative interpretations"
American Cyanamid v. Fermenta Animal Health
54 F.3d 177 (3d Cir. 1995) Cited 84 times
Emphasizing that a contract's language is unambiguous "when accorded the commonly understood meaning of its words cannot be disregarded unless the extrinsic evidence is such as might cause a reasonable fact finder to understand the text differently."
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 33,143 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Section 101 - Definitions
10 U.S.C. § 101 Cited 196 times 7 Legal Analyses
Defining "active duty"
Section 502 - Required drills and field exercises
32 U.S.C. § 502 Cited 102 times 3 Legal Analyses
Providing a dual state-federal status for members of the National Guard

Bank of America, N.A. v. All Clean Building Services Inc. et al

28 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 it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

Holding that a "mere possibility" is insufficient as a matter of law

Holding that hearsay evidence produced in an affidavit opposing summary judgment may be considered if the out-of-court declarant could later present the evidence through direct testimony, i.e., in a form that would be admissible at trial

Holding that a jury could reasonably find a violation of Child Find where a school failed to conduct an evaluation within six months after the personal observations of teachers and the receipt of information from parents provided notice of the student's likely disability

Holding per quod claims are only permissible for contact claim where personal injury results from a breach of contract

Recognizing that contract ambiguity is a question of law determined by whether the contract is "susceptible to at least two reasonable alternative interpretations"

Emphasizing that a contract's language is unambiguous "when accorded the commonly understood meaning of its words cannot be disregarded unless the extrinsic evidence is such as might cause a reasonable fact finder to understand the text differently."

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

Adopting similar language for acquiring default judgment against the United States

Defining "active duty"

Providing a dual state-federal status for members of the National Guard