23 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,674 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 215,861 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"
Oracle Corp. Sec. Lit. v. Oracle Corp.
627 F.3d 376 (9th Cir. 2010) Cited 2,456 times 1 Legal Analyses
Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices
Richards v. United States
369 U.S. 1 (1962) Cited 1,450 times 2 Legal Analyses
Holding that in FTCA cases "the issue of the applicable law is controlled by a formal expression of the will of Congress"
Yeti by Molly Ltd. v. Deckers Outdoor Corp.
259 F.3d 1101 (9th Cir. 2001) Cited 1,321 times
Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure
Goodman v. Staples the Office Super-Store, LLC
644 F.3d 817 (9th Cir. 2011) Cited 511 times 2 Legal Analyses
Holding that treating physicians were retained experts where they formed their opinions after treatment for purposes of litigation, and their opinions were outside the scope of the treatment they rendered
Salgado v. Gen. Motors
150 F.3d 735 (7th Cir. 1998) Cited 551 times
Holding that "the district court acted well within its discretion when it imposed the sanction of excluding the testimony of the expert witness" because the party had failed to comply with the court's scheduling order
Sierra Club, Lone Star Chap. v. Cedar Point Oil
73 F.3d 546 (5th Cir. 1996) Cited 497 times 1 Legal Analyses
Holding courts may determine in citizen suits whether discharged substance is pollutant even if EPA has not issued NPDES permit
Wendt v. Host International, Inc.
125 F.3d 806 (9th Cir. 1997) Cited 309 times 3 Legal Analyses
Holding that the district court abused its discretion in excluding evidence on summary judgment without providing the parties with "the opportunity respectively to lay a foundation for the admission of the survey or to challenge the adequacy of the foundation"
Nguyen v. IBP, Inc.
162 F.R.D. 675 (D. Kan. 1995) Cited 165 times
In Nguyen, the court found the expert's failure to maintain records sufficient to disclose a list of cases, the disclosure of patient names but not case names, the omission of a list of the expert's publications, and other inadequacies did not constitute substantial justification.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 327,941 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,378 times 647 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,661 times 315 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 23,979 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 12-563 - Necessary elements of proof
Ariz. Rev. Stat. § 12-563 Cited 107 times 1 Legal Analyses
Stating that proximate cause is a required element of a medical negligence claim

Cherry et al v. United States of America et al

23 Cited authorities

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"

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"

Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices

Holding that in FTCA cases "the issue of the applicable law is controlled by a formal expression of the will of Congress"

Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

Holding that treating physicians were retained experts where they formed their opinions after treatment for purposes of litigation, and their opinions were outside the scope of the treatment they rendered

Holding that "the district court acted well within its discretion when it imposed the sanction of excluding the testimony of the expert witness" because the party had failed to comply with the court's scheduling order

Holding courts may determine in citizen suits whether discharged substance is pollutant even if EPA has not issued NPDES permit

Holding that the district court abused its discretion in excluding evidence on summary judgment without providing the parties with "the opportunity respectively to lay a foundation for the admission of the survey or to challenge the adequacy of the foundation"

In Nguyen, the court found the expert's failure to maintain records sufficient to disclose a list of cases, the disclosure of patient names but not case names, the omission of a list of the expert's publications, and other inadequacies did not constitute substantial justification.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Stating that proximate cause is a required element of a medical negligence claim