9 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,756 times 39 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 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"
Little v. Liquid Air Corp.
37 F.3d 1069 (5th Cir. 1994) Cited 12,652 times 5 Legal Analyses
Holding that a mere scintilla of evidence does not create a genuine issue of material fact
Thurmond v. Compaq Comput. Corp.
171 F. Supp. 2d 667 (E.D. Tex. 2001) Cited 13 times
Stating that a claim under Section 1030 contains three elements: " the knowing `transmission' of a `program, information, code, or command; the transmission is `to a protected computer;' and the transmission causes intentional `damage without authorization.'"
Coburn Supply Company, Inc. v. Kohler Company
194 F. Supp. 2d 580 (E.D. Tex. 2002) Cited 1 times
In Coburn Supply Co. v. Kohler Co., 194 F. Supp. 2d 580, 582 (E.D. Tex. 2002), the court held that the defendant's agreement to share in the costs of promoting its products sold through the plaintiff was not synonymous with the sharing of losses.
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
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
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,505 times 198 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,331 times 409 Legal Analyses
Holding cellular phones are protected

BBG Communications v. Network Communicat, et al

9 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 a mere scintilla of evidence does not create a genuine issue of material fact

Stating that a claim under Section 1030 contains three elements: " the knowing `transmission' of a `program, information, code, or command; the transmission is `to a protected computer;' and the transmission causes intentional `damage without authorization.'"

In Coburn Supply Co. v. Kohler Co., 194 F. Supp. 2d 580, 582 (E.D. Tex. 2002), the court held that the defendant's agreement to share in the costs of promoting its products sold through the plaintiff was not synonymous with the sharing of losses.

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

Providing for service via CM/ECF Systems

Recognizing the need to protect "the consumer's right to privacy"

Holding cellular phones are protected