27 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,084 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"
  2. International Shortstop, Inc. v. Rally's

    939 F.2d 1257 (5th Cir. 1991)   Cited 2,321 times
    Holding court need not accommodate request for continuance when nonmovant has not diligently pursued the discovery of necessary evidence
  3. Fontenot v. Upjohn Co.

    780 F.2d 1190 (5th Cir. 1986)   Cited 2,661 times
    Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
  4. Galindo v. Precision American Corp.

    754 F.2d 1212 (5th Cir. 1985)   Cited 1,395 times   2 Legal Analyses
    Holding that mere conclusory allegations are not competent summary judgment evidence
  5. King v. Dogan

    31 F.3d 344 (5th Cir. 1994)   Cited 887 times
    Holding that an amended complaint supersedes an original complaint unless it adopts or incorporates the original complaint by reference
  6. Lynch Properties, Inc. v. Potomac Insurance

    140 F.3d 622 (5th Cir. 1998)   Cited 620 times
    Emphasizing that “[the insured employer] does not argue ... that it was legally liable for the funds prior to their theft” in distinguishing fidelity coverage from general liability coverage
  7. Baton Rouge Oil Chemical Wkrs. v. Exxonmobil

    289 F.3d 373 (5th Cir. 2002)   Cited 432 times   1 Legal Analyses

    No. 01-30012. April 23, 2002. Julie Richard-Spencer (argued), Louis L. Robein, Jr., Robein, Urann Lurye, Metairie, LA, for Plaintiff-Appellee. William R. D'Armond (argued), Gregg R. Kronenberger, Kean, Miller, Hawthorne, D'Armond, McCowan Jarman, Baton Rouge, LA, for Defendant-Appellant. Appeal from the United States District Court for the Middle District of Louisiana. Before DeMOSS and BENAVIDES Circuit Judges. Judge Higginbotham heard oral argument in this case but had to recuse. Accordingly the

  8. WFAA-TV, Inc. v. McLemore

    978 S.W.2d 568 (Tex. 1998)   Cited 474 times   1 Legal Analyses
    Holding fault "is a constitutional prerequisite for defamation liability"
  9. Duckett v. City of Cedar Park

    950 F.2d 272 (5th Cir. 1992)   Cited 555 times
    Holding police officer had probable cause to arrest when arrest warrant was facially valid
  10. Diamond Offshore Co. v. A B Builders, Inc.

    302 F.3d 531 (5th Cir. 2002)   Cited 364 times
    Holding that a district court erred in classifying an action as a "declaratory judgment action" when plaintiff has also requested monetary relief
  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 348,503 times   930 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 330,026 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,606 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,990 times   660 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  15. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,396 times   30 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.
  16. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,893 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators
  17. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 733 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"
  18. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 293 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"