33 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,933 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. Johnson v. Jones

    515 U.S. 304 (1995)   Cited 1,927 times   1 Legal Analyses
    Holding that because the defendant police officer was challenging the denial of summary judgment on an excessive force claim by arguing only that she did not do what she was accused of doing -- striking, punching or kicking the plaintiff -- she was asking for a review of the claim's merits, which is not permissible on interlocutory review
  3. Boyle v. County of Allegheny Pennsylvania

    139 F.3d 386 (3d Cir. 1998)   Cited 1,380 times
    In Boyle, we held that testimony by two out of three members of a hiring authority stating that a position did not require political affiliation created a genuine issue of material fact as to whether the position was a policymaking one.
  4. Whitford v. Boglino

    63 F.3d 527 (7th Cir. 1995)   Cited 576 times
    Holding that district court did not abuse its discretion by allowing "defendants to submit a second summary judgment motion presented a new and (in the eyes of the district court) more convincing legal argument"
  5. Molins PLC v. Textron, Inc.

    48 F.3d 1172 (Fed. Cir. 1995)   Cited 572 times   2 Legal Analyses
    Holding that a district court did not clearly err in finding materiality where the prior art reference at issue had been considered material by examiners in related foreign patent applications
  6. Hurley v. Atlantic City Police Department

    174 F.3d 95 (3d Cir. 1999)   Cited 467 times
    Holding that evidence that women other than the plaintiff were subjected to a hostile work environment was more probative than prejudicial, and thus admissible in a Title VII sexual harassment action, even though many of the acts occurred outside the presence of the plaintiff
  7. Fakete v. Aetna, Inc.

    308 F.3d 335 (3d Cir. 2002)   Cited 372 times
    Holding statement by supervisor was direct evidence of age discrimination where, in response to plaintiff's question about his future at the company, supervisor stated that "the new management ... wouldn't be favorable to [the plaintiff] because they are looking for younger single people that will work unlimited hours and that [the plaintiff] wouldn't be happy there in the future."
  8. Stinnett v. Iron Works Gym/Executive Health Spa, Inc.

    301 F.3d 610 (7th Cir. 2002)   Cited 170 times
    Affirming summary judgment; district court has discretion to disregard affidavits that attempt to repair deposition testimony if no suitable explanation is offered, such as confusion, mistake, or lapse of memory
  9. Ansell v. Green Acres Contr. Co.

    347 F.3d 515 (3d Cir. 2003)   Cited 149 times
    Holding that the defendant had waived any challenge to the district court's failure to give a limiting instruction addressing Rule 404(b) evidence by failing to request one at trial or raise the issue on appeal
  10. Becker v. Arco Chemical Co.

    207 F.3d 176 (3d Cir. 2000)   Cited 140 times
    Holding that the district court erred in admitting 404(b) evidence against the defendant corporation
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,772 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,178 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  13. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,689 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,126 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  15. Rule 804 - Exceptions to the Rule Against Hearsay-When the Declarant Is Unavailable as a Witness

    Fed. R. Evid. 804   Cited 3,970 times   32 Legal Analyses
    Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant
  16. Rule 32 - Using Depositions in Court Proceedings

    Fed. R. Civ. P. 32   Cited 2,318 times   19 Legal Analyses
    Setting forth requirements for using deposition testimony at trial
  17. Rule 607 - Who May Impeach a Witness

    Fed. R. Evid. 607   Cited 537 times
    Rejecting the voucher rule