13 Cited authorities

  1. 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"
  2. TIG Insurance v. Sedgwick James of Washington

    276 F.3d 754 (5th Cir. 2002)   Cited 1,370 times
    Holding that conclusory assertions are insufficient to avoid summary judgment
  3. Jacobsen v. Osborne

    133 F.3d 315 (5th Cir. 1998)   Cited 632 times
    Holding that where change in naming parties was not the result of mistake, i.e., misidentification or misnomer, but because the plaintiff did not originally know the identity of the defendant, the relation-back doctrine does not apply
  4. Braud v. Transport Service Co. of Illinois

    445 F.3d 801 (5th Cir. 2006)   Cited 120 times   5 Legal Analyses
    Holding that, where the removing defendant was added after CAFA's effective date and then was later dismissed from the action, the district court could properly maintain jurisdiction over the "action" with regard to the remaining preCAFA defendants
  5. Skoczylas v. Federal Bureau of Prisons

    961 F.2d 543 (5th Cir. 1992)   Cited 66 times
    Recognizing that under Rule 15(c), "relation back is allowed as long as the added party had notice within 120 days following the filing of the complaint, or longer if good cause is shown"
  6. Crisman v. Odeco, Inc.

    932 F.2d 413 (5th Cir. 1991)   Cited 39 times
    Holding that a cause of action under general maritime law "accrues when a plaintiff has had a reasonable opportunity to discover his injury, its cause, and the link between the two"
  7. Pretus v. Diamond Offshore Drilling, Inc.

    571 F.3d 478 (5th Cir. 2009)   Cited 15 times
    Holding that issues of fact existed as to when an offshore drilling rig worker should have discovered the seriousness of his medical condition, precluding summary judgment on statute of limitations grounds on the worker's Jones Act and general maritime law claims
  8. Tapp v. Shaw Environmental, Inc.

    401 F. App'x 930 (5th Cir. 2010)   Cited 8 times
    Finding plaintiff's failure to "provide[] any evidence that [newly named defendant] had actual knowledge or should have been aware that it was an intended party to the suit within 120 days of the filing of original Complaint" precluded relation back of the claim against the newly named defendant
  9. Taurel v. Central Gulf Lines, Inc.

    947 F.2d 769 (5th Cir. 1991)   Cited 10 times
    In Taurel, the plaintiff was tested for asbestos-related problems, but his tests were negative; later, he was diagnosed with asbestosis.
  10. Gifford v. Wichita Falls Southern Ry. Co.

    224 F.2d 374 (5th Cir. 1955)   Cited 26 times
    Holding that amendment to pleadings is a procedural matter governed by federal law
  11. 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
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Section 30106 - Time limit on bringing maritime action for personal injury or death

    46 U.S.C. § 30106   Cited 97 times

    Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose. 46 U.S.C. § 30106 Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1511. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30106 46 App.:763a. Pub. L. 96-382, §1, Oct. 6, 1980, 94 Stat. 1525.The words "civil action" are substituted for "suit" for consistency with rule 2 of