§Why CasetextPricing

Brown et al v. Mentor Corporation et al

MOTION for Partial Summary Judgment

54 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,819 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"

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,979 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"

  4. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,661 times   11 Legal Analyses
    Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

  5. Porous Media Corp. v. Pall Corp.

    186 F.3d 1077 (8th Cir. 1999)   Cited 1,373 times   1 Legal Analyses
    Holding that, when considering a motion to dismiss, the court "may consider some materials that are part of the public record or do not contradict the complaint, as well as materials that are necessarily embraced by the pleadings"

  6. Westcott v. City of Omaha

    901 F.2d 1486 (8th Cir. 1990)   Cited 1,092 times   1 Legal Analyses
    Holding distinction between Rule 12(b) and Rule 12(c) to be "purely formal" when addressing lack of subject matter jurisdiction

  7. Morton v. Becker

    793 F.2d 185 (8th Cir. 1986)   Cited 1,025 times   1 Legal Analyses
    Explaining that a defendant can only be held liable for a constitutional violation under § 1983 if their actions caused the constitutional violation

  8. Hanten v. the School District, Riverview GDNS

    183 F.3d 799 (8th Cir. 1999)   Cited 513 times   1 Legal Analyses
    Finding that a one-sided expectation of a subcontractor award was insufficient to create a property interest

  9. Offerdahl v. University of Minnesota

    426 N.W.2d 425 (Minn. 1988)   Cited 479 times
    Holding that the single act exception applies when plaintiff's claim rests solely upon the University's negligence in failing to disclose the risks and the manufacturer's recommendations associated with insertion of an IUD

  10. Murphy v. F.D.I.C

    208 F.3d 959 (11th Cir. 2000)   Cited 308 times   1 Legal Analyses
    Holding that a "transferee court should apply its own interpretation of federal law"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,294 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 2305.10 - Bodily injury or injury to personal property

    Ohio Rev. Code § 2305.10   Cited 1,277 times   1 Legal Analyses
    Adopting nearly identical language

  15. Section 541.05 - VARIOUS CASES, SIX YEARS

    Minn. Stat. § 541.05   Cited 567 times   8 Legal Analyses
    Providing a six-year limitation period for negligence claims and a four-year limitation period for strict-liability claims

  16. Section 1302.98 - Statute of limitations in contracts for sale - UCC 2-725

    Ohio Rev. Code § 1302.98   Cited 136 times
    Holding under Ohio law that limitations period is four years, and claim accrues when "tender of delivery is made"

  17. Section 336.2-725 - STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE

    Minn. Stat. § 336.2-725   Cited 85 times
    Establishing four-year limitations period for warranty claims

  18. Section 541.31 - CONFLICT OF LAWS; LIMITATION PERIODS

    Minn. Stat. § 541.31   Cited 34 times

    Subdivision 1.General. (a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based: (1) upon the law of one other state, the limitation period of that state applies; or (2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. (b) The limitation period of this state applies to all other claims. Subd. 2.Action arising out of state; resident plaintiff. If a cause of action arises