68 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 197,544 times   22 Legal Analyses
    Holding that trial court shall grant a motion for summary judgment if there is no genuine issue for trial
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 183,053 times   18 Legal Analyses
    Holding that, on a motion for summary judgment, the movant bears the burden of showing the absence of a genuine dispute of material fact
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 95,871 times   23 Legal Analyses
    Holding that an opponent of summary judgment "must do more than simply show that there is some metaphysical doubt as to the material facts."
  4. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 16,229 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  5. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 13,019 times   1 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed
  6. Siegel v. Lepore

    234 F.3d 1163 (11th Cir. 2000)   Cited 821 times   1 Legal Analyses
    Holding that there was no irreparable injury where the harm was "wholly speculative"
  7. Vega v. T-Mobile USA, Inc.

    564 F.3d 1256 (11th Cir. 2009)   Cited 581 times   24 Legal Analyses
    Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."
  8. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,681 times
    Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk
  9. McDonald's Corporation v. Robertson

    147 F.3d 1301 (11th Cir. 1998)   Cited 663 times
    Holding that where the necessary facts are contested and credibility determinations must be made, relief cannot be granted without an evidentiary hearing
  10. Sanchez v. State of New York

    99 N.Y.2d 247 (N.Y. 2002)   Cited 414 times
    Holding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"
  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 15,077 times   58 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 12,212 times   218 Legal Analyses
    Finding that "[b]ecause UT's evidence fails to demonstrate the extremely high level of recognition necessary to show 'fame' under the TDRA, summary judgment is appropriate on this claim."
  13. Section 542.335 - Valid restraints of trade or commerce

    Fla. Stat. § 542.335   Cited 229 times   32 Legal Analyses
    Providing a framework for analyzing and evaluating restrictive covenants in employment contracts
  14. Section 688.002 - Definitions

    Fla. Stat. § 688.002   Cited 141 times   4 Legal Analyses
    Defining "misappropriation" to include "Disclosure or use of a trade secret ... without express or implied consent by a person who ... knew or had reason to know that her or his knowledge of the trade secret was ... derived from or through a person who had utilized improper means to acquire it."
  15. Section 542.33 - Contracts in restraint of trade valid

    Fla. Stat. § 542.33   Cited 102 times   1 Legal Analyses
    Stating that a contract in restraint of trade "may, in the discretion of a court of competent jurisdiction, be enforced by injunction."
  16. §15-154. Language governs

    Okla. Stat. tit. 15, § 154   Cited 54 times

    The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. R.L.1910, § 948.

  17. §15-217. Restraint of trade

    Okla. Stat. tit. 15, § 217   Cited 20 times   1 Legal Analyses

    Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by Sections 218 and 219 of this title, or otherwise than as provided by Section 2 of this act, is to that extent void. R.L.1910, § 978. Amended by Laws 1989, c. 359, § 1, emerg. eff. June 3, 1989; Laws 2001, c. 406, § 3, emerg. eff. June 4, 2001.

  18. §15-219A. Noncompetition agreements

    Okla. Stat. tit. 15, § 219A   Cited 12 times   4 Legal Analyses

    A. A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar business as that conducted by the former employer as long as the former employee does not directly solicit the sale of goods, services or a combination of goods and services from the established customers of the former employer

  19. §15-218. Restraint of trade - Exception as to sale of goodwill

    Okla. Stat. tit. 15, § 218   Cited 11 times

    One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified county and any county or counties contiguous thereto, or a specified city or town or any part thereof, so long as the buyer, or any person deriving title to the goodwill from him carries on a like business therein. Provided, that any such agreement which is otherwise lawful but which exceeds the territorial limitations specified by this section may be deemed valid, but