§Why CasetextPricing

Brooke Chiasson v. B Braun Medical Inc et al

MOTION for Summary Judgment

22 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,081 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. Little v. Liquid Air Corp.

    37 F.3d 1069 (5th Cir. 1994)   Cited 12,370 times   5 Legal Analyses
    Holding that a mere scintilla of evidence does not create a genuine issue of material fact

  3. Wallace v. Texas Tech Univ

    80 F.3d 1042 (5th Cir. 1996)   Cited 1,425 times
    Holding that Texas Tech and Texas Tech employees enjoy Eleventh Amendment immunity and qualified immunity respectively against § 1981 claims

  4. McCreary v. Richardson

    738 F.3d 651 (5th Cir. 2013)   Cited 124 times
    Finding that it is clearly established that a prison official must have a reasonable justification for strip search a prisoner but holding that, in that case, defendants had provided some justification and it was not clearly established that justification was insufficient

  5. Kampen v. American Isuzu Motors, Inc.

    157 F.3d 306 (5th Cir. 1998)   Cited 51 times
    Affirming summary judgment for defendant when plaintiff used car jack to raise car while he placed his head and shoulders beneath the front of the car to examine the back of a wheel, in direct contravention of the jack's warnings and failed to prove that such use was reasonably anticipated by defendant

  6. Broussard v. Procter Gamble Co.

    463 F. Supp. 2d 596 (W.D. La. 2006)   Cited 27 times
    Granting summary judgment where plaintiffs only offered conclusory allegations instead of "supporting evidence that any express warranties were made"

  7. Matthews v. Remington Arms Co.

    641 F.3d 635 (5th Cir. 2011)   Cited 20 times
    Finding argument made to district court but not briefed on appeal waived

  8. Butz v. Lynch

    762 So. 2d 1214 (La. Ct. App. 2000)   Cited 24 times

    Nos. 99 CA 1070 c/w 99 CA 1071. June 23, 2000. Rehearing Denied August 22, 2000. APPEALED FROM THE TWENTY-SECOND JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ST. TAMMANY, STATE OF LOUISIANA TRIAL COURT NO. 95-14649 H C/W 96-12006, HONORABLE DONALD M. FENDLASON, JUDGE. Paul L. Katz, Covington, LA, And Charles A. Verderame, Metairie, LA Attorneys for Appellants Plaintiffs, Angela H. Butz and Russell Butz. Donald R. Abaunza, Kathleen F. Hobson, New Orleans, LA Attorneys for Appellees Defendants

  9. Davis v. Avondale Industries, Inc.

    975 F.2d 169 (5th Cir. 1992)   Cited 34 times
    Holding under Louisiana law that jury should have been instructed that a welding rod manufacturer had no duty to warn a sophisticated user's employee of the dangers of using the product

  10. Fernandez v. Tamko Bldg. Prods., Inc.

    2 F. Supp. 3d 854 (M.D. La. 2014)   Cited 6 times
    Granting summary judgment on inadequate-warning claim "Plaintiff has failed to show how the type of warning he contends would have been appropriate ... would have changed the outcome of the accident since it is unlikely that Plaintiff would have heeded that warning either"

  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. Section 9:2800.51 - Short title

    La. Stat. tit. 9 § 2800.51   Cited 294 times

    This Chapter shall be known and may be cited as the "Louisiana Products Liability Act." La. R.S. § 9:2800.51 Acts 1988, No. 64, §1, eff. Sept. 1, 1988. Acts 1988, No. 64, §1, eff. 9/1/1988.