41 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 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 216,254 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,092 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,248 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Joseph v. Leavitt
465 F.3d 87 (2d Cir. 2006) Cited 624 times 3 Legal Analyses
Holding that paid leave there did not constitute an adverse employment action but leaving open the possibility that a paid suspension or accompanying investigation carried out in an exceptionally unreasonable or dilatory way may constitute an adverse employment action
United Steelworkers of Am. v. Phelps Dodge
865 F.2d 1539 (9th Cir. 1989) Cited 1,144 times
Holding that "[p]rivate parties act under color of state law if they willfully participate in joint action with state officials to deprive others of constitutional rights"
Potter v. Firestone Tire &
6 Cal.4th 965 (Cal. 1993) Cited 850 times 4 Legal Analyses
Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community
Brown v. City of Syracuse
673 F.3d 141 (2d Cir. 2012) Cited 466 times 1 Legal Analyses
Holding that plaintiff failed to establish an adverse employment action because employer's conduct was reasonable
Horsford v. Board of Trustees of California State University
132 Cal.App.4th 359 (Cal. Ct. App. 2005) Cited 513 times 2 Legal Analyses
Holding that failure to consider that payment for the case was deferred for four years in discussion of whether a multiplier was warranted was an abuse of discretion
Aguilar v. Avis Rent A Car System, Inc.
21 Cal.4th 121 (Cal. 1999) Cited 583 times 1 Legal Analyses
Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,789 times 9 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"

Darrell Williams v. T-Mobile USA, Inc. et al

41 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, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that paid leave there did not constitute an adverse employment action but leaving open the possibility that a paid suspension or accompanying investigation carried out in an exceptionally unreasonable or dilatory way may constitute an adverse employment action

Holding that "[p]rivate parties act under color of state law if they willfully participate in joint action with state officials to deprive others of constitutional rights"

Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community

Holding that plaintiff failed to establish an adverse employment action because employer's conduct was reasonable

Holding that failure to consider that payment for the case was deferred for four years in discussion of whether a multiplier was warranted was an abuse of discretion

Holding that enjoining a defendant's use of racial epithets at the defendant's workplace was not an unconstitutional prior restraint because it was based "on [his] continuing course of repetitive conduct" that violated employment discrimination law

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

Stating plaintiff may recover punitive damages "in addition to the actual damages"