29 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 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"
Gasperini v. Center for Humanities, Inc.
518 U.S. 415 (1996) Cited 2,327 times
Holding that district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)
Nissan Fire Marine Ins. Co. v. Fritz Co.
210 F.3d 1099 (9th Cir. 2000) Cited 4,359 times
Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
Hangman Ridge v. Safeco Title
105 Wn. 2d 778 (Wash. 1986) Cited 1,236 times 4 Legal Analyses
Holding that a plaintiff must demonstrate the alleged injuries were caused by the deceptive acts of the defendant to make out a claim under the WCPA
Young v. Young
164 Wn. 2d 477 (Wash. 2008) Cited 300 times
Reciting the elements of Washington State unjust enrichment claims
Leingang v. Pierce County Med
131 Wn. 2d 133 (Wash. 1997) Cited 368 times
Holding that Olympic Steamship fees are intended to make the insured whole
Lawyers Title Insurance v. Baik
147 Wn. 2d 536 (Wash. 2002) Cited 96 times
Rejecting contributory negligence bar to the justifiable reliance element
Brown v. Brown
157 Wn. App. 803 (Wash. Ct. App. 2010) Cited 55 times
No. 63207-8-I. August 23, 2010. Appeal from the Superior Court for King County, No. 06-2-39751-7, William L. Downing, J. Beverly Hogg, pro se. Lucy R. Clifthorne, for appellant. Ronald E. Beard, Andrew G. Yates, and David C. Spellman (of Lane Powell, P.C.), for respondent Wells Fargo Bank, NA. LAU, J. ¶1 Acting under a power of attorney signed by his 93-year-old mother, Dottie Brown, Barry Brown obtained and then misappropriated proceeds from a reverse mortgage on her condominium. Dottie's guardian
Wilson v. State
84 Wn. App. 332 (Wash. Ct. App. 1996) Cited 72 times
Considering whether the alleged defamation was part of a civil conspiracy
Alhadeff v. Meridian on Bainbridge
167 Wn. 2d 601 (Wash. 2009) Cited 44 times
Defining the tort of conversion in Washington State
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1652 - State laws as rules of decision
28 U.S.C. § 1652 Cited 848 times
Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act

Cozumel Leasing, Llc v. International Jets, Inc. et al

29 Cited authorities

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 district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)

Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

Holding that a plaintiff must demonstrate the alleged injuries were caused by the deceptive acts of the defendant to make out a claim under the WCPA

Reciting the elements of Washington State unjust enrichment claims

Holding that Olympic Steamship fees are intended to make the insured whole

Rejecting contributory negligence bar to the justifiable reliance element

Considering whether the alleged defamation was part of a civil conspiracy

Defining the tort of conversion in Washington State

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

Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act