§Why CasetextPricing

Bank of America, N.A. v. Antelope Homeowners' Association et al

MOTION for Summary Judgment

61 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,228 times   41 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"

  2. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,633 times   15 Legal Analyses
    Holding that a facial challenger "must establish that no set of circumstances exists under which the Act would be valid"

  3. Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass’n

    531 U.S. 288 (2001)   Cited 1,858 times
    Holding a school athletic association was a state actor because it was pervasively entwined with public officials

  4. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,512 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII

  5. Flagg Bros., Inc. v. Brooks

    436 U.S. 149 (1978)   Cited 3,710 times   1 Legal Analyses
    Holding that the defendant warehouseman's sale of goods pursuant to a statute authorizing self-help was not state action

  6. Rendell-Baker v. Kohn

    457 U.S. 830 (1982)   Cited 2,485 times   2 Legal Analyses
    Holding that "receipt of public funds does not make [a private school's] discharge decisions acts of the State"

  7. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,473 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  8. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,733 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  9. BFP v. Resolution Trust Corp.

    511 U.S. 531 (1994)   Cited 1,167 times   15 Legal Analyses
    Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"

  10. Daniels-Hall v. National Educ. Ass'n

    629 F.3d 992 (9th Cir. 2010)   Cited 2,175 times   3 Legal Analyses
    Holding information made publicly available on official government websites appropriate for judicial notice

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,463 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  14. Section 116.1113 - Obligation of good faith

    Nev. Rev. Stat. § 116.1113   Cited 313 times

    Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. NRS 116.1113 Added to NRS by 1991, 541 Added to NRS by 1991, 541

  15. Section 116.1104 - Provisions of chapter may not be varied by agreement, waived or evaded; exceptions

    Nev. Rev. Stat. § 116.1104   Cited 92 times
    Stating that NRS Chapter 116 provisions cannot be varied by agreement and rights cannot be waived except as provided by the statute

  16. Section 116.3103 - Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power

    Nev. Rev. Stat. § 116.3103   Cited 3 times

    1. Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board acts on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. Officers and members of the executive board: (a) Are required to exercise the ordinary and reasonable

  17. Section 203.315 - Termination by conveyance to other than Commissioner

    24 C.F.R. § 203.315   Cited 5 times

    (a) For those mortgages to which the provisions of § 203.368 apply, the contract of insurance shall be terminated under the following circumstances: (1) The mortgagee notifies the Commissioner that it will not convey title to the Commissioner and will not file a claim for the insurance benefits when: (i) The mortgagee either acquires the property by any means, or (ii) Acquires the property and gives such notice during the redemption period; or (2) The mortgagee notifies the Commissioner that it will

  18. Section 203.368 - Claims without conveyance procedure

    24 C.F.R. § 203.368   Cited 3 times

    (a) (1) The requirements of this section apply to any insured mortgage subject to this subpart which was either insured pursuant to: (i) A conditional commitment issued on or after November 30, 1983 or, as appropriate, (ii) An application for mortgage insurance endorsement under the Single Family Direct Endorsement Program, as provided in § 203.255(b) , where the property appraisal report was signed by the mortgagee's underwriter on or after November 30, 1983. (2) The requirements of this section