39 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,388 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 216,459 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 113,199 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
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,874 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,754 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
White v. Lee
227 F.3d 1214 (9th Cir. 2000) Cited 2,076 times 1 Legal Analyses
Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
Thornhill Pub. v. General Telephone Elec
594 F.2d 730 (9th Cir. 1979) Cited 2,921 times
Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment
Hangarter v. Provident Life and Acc. Ins. Co.
373 F.3d 998 (9th Cir. 2004) Cited 928 times 3 Legal Analyses
Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,174 times
Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
Stock West, Inc. v. Confederated Tribes
873 F.2d 1221 (9th Cir. 1989) Cited 1,351 times
Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,412 times 923 Legal Analyses
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
Fed. R. Civ. P. 56 Cited 328,986 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,205 times 655 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,850 times 315 Legal Analyses
Prohibiting unlawful business practices
Rule 17 - Plaintiff and Defendant; Capacity; Public Officers
Fed. R. Civ. P. 17 Cited 9,165 times 23 Legal Analyses
Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"
Section 1437f - Low-income housing assistance
42 U.S.C. § 1437f Cited 1,301 times 6 Legal Analyses
Outlining voucher program
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 984 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Direct List Llc et al v. Vistage International, Inc. et al

39 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 the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment

Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"

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

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

Adopting Fed.R.Civ.P. 37

Prohibiting unlawful business practices

Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

Outlining voucher program

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct