§Why CasetextPricing

Enzo Biochem, Inc., et al v. Amersham PLC, et al

MEMORANDUM OF LAW in Support re: 294 MOTION for Summary Judgment NOTICE OF AMERSHAM'S MOTION FOR SUMMARY JUDGMENT.. Document

35 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 242,291 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,548 times   41 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. Lama Holding Co. v. Smith Barney Inc.

    88 N.Y.2d 413 (N.Y. 1996)   Cited 2,214 times   4 Legal Analyses
    Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

  4. Knight v. U.S. Fire Ins. Co.

    804 F.2d 9 (2d Cir. 1986)   Cited 2,254 times
    Holding that a party cannot rely on "mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment"

  5. Enzo Biochem, Inc. v. Applera Corp.

    599 F.3d 1325 (Fed. Cir. 2010)   Cited 229 times   3 Legal Analyses
    Holding that the phrase "not interfering substantially" is sufficiently definite because a skilled artisan could use "the examples in the specification to determine whether interference with hybridization is substantial"

  6. TVT Records v. The Island Def Jam Music Group

    412 F.3d 82 (2d Cir. 2005)   Cited 255 times
    Holding that "the intention to breach does not give rise to a duty to disclose. Instead, the duty to disclose must exist separately from the duty to perform under the contract" (citing Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13, 20 (2d Cir. 1996))

  7. Quarles v. General Motors Corp.

    758 F.2d 839 (2d Cir. 1985)   Cited 458 times
    Noting that "mere conjecture or speculation by the party resisting summary judgment does not provide a basis upon which to deny the motion"

  8. High Tides Llc v. Demichele

    88 A.D.3d 954 (N.Y. App. Div. 2011)   Cited 184 times
    Holding that statements "which amount to no more than vague expressions of hope and future expectation," or which are "mere opinion and puffery," "provide an insufficient basis upon which to predicate a claim of fraud." (quotations, alterations and citations omitted)

  9. Interpharm Inc. v. Bank

    655 F.3d 136 (2d Cir. 2011)   Cited 180 times
    Holding that, in a breach of contract action, the document on which the complaint is based is "by definition [] integral to the complaint"

  10. Channel Master Corp. v. Aluminium Limited Sales, Inc.

    4 N.Y.2d 403 (N.Y. 1958)   Cited 729 times
    Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,808 times   328 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,632 times   9 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,555 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  15. Section 203 - Method of computing periods of limitation generally

    N.Y. C.P.L.R. § 203   Cited 2,746 times   6 Legal Analyses
    Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing