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125 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,866 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,014 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"

  3. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,741 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  4. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,873 times   47 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  5. First Options of Chi., Inc. v. Kaplan

    514 U.S. 938 (1995)   Cited 5,333 times   47 Legal Analyses
    Holding that a circuit court reviewing a district court's disposition of an arbitration award should apply "ordinary, not special, standards."

  6. Howsam v. Dean Witter Reynolds, Inc.

    537 U.S. 79 (2002)   Cited 2,506 times   27 Legal Analyses
    Holding that compliance with a time-limit on the initiation of arbitration was not a gateway "question of arbitrability" that was reserved for the courts as it was procedural rather than substantive

  7. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,358 times   23 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

  8. Green Tree Fin. Corp.-Ala. v. Randolph

    531 U.S. 79 (2000)   Cited 2,355 times   27 Legal Analyses
    Holding that claims under the Truth in Lending Act are arbitrable

  9. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,018 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration

  10. First Nat. Bank v. Cities Service

    391 U.S. 253 (1968)   Cited 8,800 times   1 Legal Analyses
    Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,020 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,608 times   138 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,551 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 49,894 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  16. Rule 32.1 - Citing Judicial Dispositions

    Fed. R. App. P. 32.1   Cited 34,333 times   152 Legal Analyses
    Permitting court to cite to unpublished federal judicial opinions

  17. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,189 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  18. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,683 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  19. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,522 times   13 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

  20. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,832 times   204 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  21. Section 11090 - Order Regulating Wages, Hours, and Working Conditions in the Transportation Industry

    Cal. Code Regs. tit. 8 § 11090   Cited 195 times   5 Legal Analyses
    Providing employee "shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless" employee is paid overtime

  22. Section 11000 - Order Regulating the Minimum Wage

    Cal. Code Regs. tit. 8 § 11000   Cited 46 times
    Raising California's minimum wage to $6.25 per hour in 2001, and to $6.75 per hour, effective January 1, 2002