Celotex Corp. v. Catrett

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"

International Shortstop, Inc. v. Rally's

Holding court need not accommodate request for continuance when nonmovant has not diligently pursued the discovery of necessary evidence

Fontenot v. Upjohn Co.

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"

Galindo v. Precision American Corp.

Holding that mere conclusory allegations are not competent summary judgment evidence

King v. Dogan

Holding that an amended complaint supersedes an original complaint unless it adopts or incorporates the original complaint by reference

Lynch Properties, Inc. v. Potomac Insurance

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

Baton Rouge Oil Chemical Wkrs. v. Exxonmobil

WFAA-TV, Inc. v. McLemore

Holding fault "is a constitutional prerequisite for defamation liability"

Duckett v. City of Cedar Park

Holding police officer had probable cause to arrest when arrest warrant was facially valid

Diamond Offshore Co. v. A B Builders, Inc.

Holding that a district court erred in classifying an action as a "declaratory judgment action" when plaintiff has also requested monetary relief

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 56 - Summary Judgment

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

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 26 - Duty to Disclose; General Provisions Governing Discovery

Adopting Fed.R.Civ.P. 37

Section 2 - Monopolizing trade a felony; penalty

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.

Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

Granting enforcement power to state and federal regulators

Section 1681h - Conditions and form of disclosure to consumers

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"

Section 1681s - Administrative enforcement

Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"