25 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 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"
Eastman Kodak Co. v. Image Technical Services, Inc.
504 U.S. 451 (1992) Cited 2,308 times 17 Legal Analyses
Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
Little v. Liquid Air Corp.
37 F.3d 1069 (5th Cir. 1994) Cited 12,564 times 5 Legal Analyses
Holding that a mere scintilla of evidence does not create a genuine issue of material fact
T.O. Stanley Boot Co. v. Bank of El Paso
847 S.W.2d 218 (Tex. 1993) Cited 734 times 1 Legal Analyses
Holding "[w]here an essential term is open for future negotiation, there is no binding contract"
Lopez v. Muñoz, Hockema Reed, L.L.P.
22 S.W.3d 857 (Tex. 2000) Cited 460 times
Holding that for an ambiguity to exist, more than conflicting interpretations must exist; such interpretations must both be reasonable
Resolution Trust Corp. v. Starkey
41 F.3d 1018 (5th Cir. 1995) Cited 174 times
Affirming district court's denial of motion for leave to file motion to dismiss where defendant waived insufficiency of process by failing to raise it in answer
World Help v. Leisure Lifestyles
977 S.W.2d 662 (Tex. App. 1998) Cited 106 times
Holding party who purchased vendor's and deed of trust liens knowing taxes were due on property and subsequently paid taxes was not equitably subrogated to tax liens
Atkinson Gas Co. v. Albrecht
878 S.W.2d 236 (Tex. App. 1994) Cited 90 times 1 Legal Analyses
Holding that RRC severance order was not a force majeure event because it was issued for lessee's failure to timely file production reports
Forney 921 Lot Dev. v. Paul Taylor Homes
349 S.W.3d 258 (Tex. App. 2011) Cited 43 times
Holding quasi-estoppel precluded contracting party from exercising its statutory right to terminate a contract
Austin v. Countrywide
261 S.W.3d 68 (Tex. App. 2008) Cited 48 times
Upholding denial of motion to compel when movant did not specify undisclosed responsive documents or how these documents were relevant
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 38.001 - Recovery of Attorney's Fees
Tex. Civ. Prac. & Rem. Code § 38.001 Cited 1,168 times 4 Legal Analyses
Providing for the recovery of attorney's fees in suit to enforce a written contract

Branch Banking And Trust Company v. Lexiam Enterprises Llc et al

25 Cited authorities

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 "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product

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

Holding "[w]here an essential term is open for future negotiation, there is no binding contract"

Holding that for an ambiguity to exist, more than conflicting interpretations must exist; such interpretations must both be reasonable

Affirming district court's denial of motion for leave to file motion to dismiss where defendant waived insufficiency of process by failing to raise it in answer

Holding party who purchased vendor's and deed of trust liens knowing taxes were due on property and subsequently paid taxes was not equitably subrogated to tax liens

Holding that RRC severance order was not a force majeure event because it was issued for lessee's failure to timely file production reports

Holding quasi-estoppel precluded contracting party from exercising its statutory right to terminate a contract

Upholding denial of motion to compel when movant did not specify undisclosed responsive documents or how these documents were relevant

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Providing for the recovery of attorney's fees in suit to enforce a written contract