48 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 239,217 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 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"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 114,430 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
  4. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,677 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA
  5. Kaucher v. County of Bucks

    455 F.3d 418 (3d Cir. 2006)   Cited 1,954 times
    Holding risk of contracting infection from inmate inherent to corrections officer's employment, even if contraction resulted from "unsanitary and dangerous conditions" at correctional facility
  6. Marino v. Industrial Crating Co.

    358 F.3d 241 (3d Cir. 2004)   Cited 1,849 times
    Holding that, on a motion for summary judgment, "the non-moving party's evidence is to be believed and all justifiable inferences are to be drawn in [its] favor"
  7. Hugh v. Butler Cty. Family YMCA

    418 F.3d 265 (3d Cir. 2005)   Cited 1,069 times   1 Legal Analyses
    Holding that one's "satisfactory performance of duties, leading to a promotion, does establish a plaintiff's qualification for a job"
  8. Boyle v. County of Allegheny Pennsylvania

    139 F.3d 386 (3d Cir. 1998)   Cited 1,403 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.
  9. Andreoli v. Gates

    482 F.3d 641 (3d Cir. 2007)   Cited 815 times   1 Legal Analyses
    Holding five-month time period between complaint and first adverse action insufficient by itself to support inference of causation
  10. In re Bressman

    327 F.3d 229 (3d Cir. 2003)   Cited 648 times
    Finding that fees paid to defend the debtor against criminal charges arising from the collapse of the debtor's business were not in connection with the bankruptcy
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,426 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  15. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,573 times   1241 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  16. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,645 times   142 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  17. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,650 times   230 Legal Analyses
    Establishing overtime rules
  18. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,660 times   256 Legal Analyses
    Exempting from provisions of the Fair Labor Standards Act "any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)"
  19. Section 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

    49 U.S.C. § 31502   Cited 327 times   3 Legal Analyses
    Granting Secretary of Transportation authority to prescribe maximum hours for motor carrier employees
  20. Section 260.1 - Short title

    43 Pa. Stat. § 260.1   Cited 216 times   1 Legal Analyses

    This act shall be known and may be cited as the "Wage Payment and Collection Law." 43 P.S. § 260.1 1961, July 14, P.L. 637, § 1, effective in 30 days.

  21. Section 785.19 - Meal

    29 C.F.R. § 785.19   Cited 324 times   20 Legal Analyses
    Recognizing that bona fide meal periods lasting for less than 30 minutes may be uncompensated in certain situations
  22. Section 782.2 - Requirements for exemption in general

    29 C.F.R. § 782.2   Cited 317 times   8 Legal Analyses
    Noting that the determination must look to what an employee does in "the ordinary course of his work"
  23. Section 785.11 - General

    29 C.F.R. § 785.11   Cited 276 times   18 Legal Analyses
    Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."