44 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 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 216,309 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 113,121 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
Gen. Tel. Co. of Sw. v. Falcon
457 U.S. 147 (1982) Cited 5,673 times 33 Legal Analyses
Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
Meyer v. Holley
537 U.S. 280 (2003) Cited 469 times 4 Legal Analyses
Holding that under traditional principles of vicarious liability, a corporation is the principal of its employees/agents, and thus corporate owners and officers are not liable for the unlawful acts of an employee simply on the basis that the owner or officer controlled (or had the right to control) the actions of that employee
Weeks v. Samsung Heavy Industries Co.
126 F.3d 926 (7th Cir. 1997) Cited 1,120 times
Holding that Rule 72 governs the district court's review of "any discovery-related decisions made by the magistrate judge"
Springer v. Durflinger
518 F.3d 479 (7th Cir. 2008) Cited 706 times
Holding that a plaintiff's "hunch about the defendant's motives" is insufficient to survive summary judgment
Prado-Steiman v. Bush
221 F.3d 1266 (11th Cir. 2000) Cited 501 times 1 Legal Analyses
Adopting a balancing approach with guidance from Blair and Mowbray and adding two additional "guideposts": the nature and status of the litigation and the likelihood that future events would make immediate review more or less appropriate
Batzel v. Smith
333 F.3d 1018 (9th Cir. 2003) Cited 359 times 17 Legal Analyses
Holding that the denial of an anti-SLAPP motion is appealable under § 1291
Commissioner v. Culbertson
337 U.S. 733 (1949) Cited 533 times 5 Legal Analyses
Requiring courts to "consider all facts" to determine the parties' "true intent," i.e., that "the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,663 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 501 - Exemption from tax on corporations, certain trusts, etc
26 U.S.C. § 501 Cited 3,223 times 290 Legal Analyses
Granting tax-exempt status to qualified pension plans

Birchmeier et al v. Caribbean Cruise Line, Inc. et al

44 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 Rule 72 governs the district court's review of "any discovery-related decisions made by the magistrate judge"

Holding that a plaintiff's "hunch about the defendant's motives" is insufficient to survive summary judgment

Adopting a balancing approach with guidance from Blair and Mowbray and adding two additional "guideposts": the nature and status of the litigation and the likelihood that future events would make immediate review more or less appropriate

Holding that the denial of an anti-SLAPP motion is appealable under § 1291

Requiring courts to "consider all facts" to determine the parties' "true intent," i.e., that "the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise"

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

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Granting tax-exempt status to qualified pension plans