§Why CasetextPricing

Breitling et al v. LNV Corporation et al

RESPONSE AND OBJECTION

26 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,052 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"

  2. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 8,064 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  3. Templet v. Hydrochem Inc.

    367 F.3d 473 (5th Cir. 2004)   Cited 2,333 times
    Holding evidence was not newly discovered because "the underlying facts were well within the [party's] knowledge prior to the district court's entry of judgment"

  4. Rooker v. Fidelity Trust Co.

    263 U.S. 413 (1923)   Cited 9,789 times   3 Legal Analyses
    Holding that federal suit was "merely an attempt to get rid of the judgment for alleged errors of law committed" by the state courts

  5. Simon v. U.S.

    891 F.2d 1154 (5th Cir. 1990)   Cited 1,084 times
    Holding that the defense was waived when it contained more than a pure issue of law and would have changed plaintiff’s trial strategy

  6. In re Ark-La-Tex Timber

    482 F.3d 319 (5th Cir. 2007)   Cited 219 times
    Listing the elements as " a representation by conduct or word; made in such a manner that the promisor should have expected the promisee to rely upon it; justifiable reliance by the promisee; and a change in position to the promisee's detriment because of the reliance" (citing Suire , 907 So.2d at 59 )

  7. Oreck Direct, LLC v. Dyson, Inc.

    560 F.3d 398 (5th Cir. 2009)   Cited 191 times
    Holding district court's dismissal with prejudice was a final judgment on the merits

  8. Citizens Ins. v. Daccach

    217 S.W.3d 430 (Tex. 2007)   Cited 192 times
    Holding doctrine of res judicata seeks to prevent double recovery

  9. Weekly v. Morrow

    204 F.3d 613 (5th Cir. 2000)   Cited 175 times
    Holding federal courts lack jurisdiction to review, modify, or nullify final orders of state courts

  10. U.S. v. Shepherd

    23 F.3d 923 (5th Cir. 1994)   Cited 168 times
    Holding that Rooker-Feldman prohibits a district court from voiding state foreclosure judgments, notwithstanding claims that the judgments were fraudulently procured

  11. Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,471 times   100 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"

  12. Rule 166a - Summary Judgment

    Tex. R. Civ. P. 166a   Cited 11,112 times

    (a)For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to amount of damages. (b)For Defending Party. A party against whom a