§Why CasetextPricing

Farkas v. Rich Coast Corporation et al

BRIEF IN OPPOSITION re First MOTION to Strike 126 MOTION for Partial Summary Judgment and Motion to Allow Time for Discovery under Rule 56

80 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 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"

  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 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"

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  6. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,381 times   44 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

  7. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,151 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

  8. Kaucher v. County of Bucks

    455 F.3d 418 (3d Cir. 2006)   Cited 1,936 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

  9. Wilchombe v. Teevee Toons

    555 F.3d 949 (11th Cir. 2009)   Cited 962 times
    Holding that the district court properly refused to entertain contracts attached to the plaintiff's brief filed in opposition to a motion to dismiss because " court may consider only the complaint itself and any documents referred to in the complaint which are central to the claims"

  10. Thomas v. Cumberland Cnty.

    749 F.3d 217 (3d Cir. 2014)   Cited 776 times
    Holding a reasonable factfinder could find a failure to train where plaintiff offered "expert opinion evidence that the failure to provide conflict de-escalation and intervention training was a careless and dangerous practice not aligned with prevailing standards"

  11. 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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,836 times   658 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,260 times   322 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  15. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,998 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  16. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,373 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  17. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,759 times   108 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  18. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,984 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  19. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,259 times   120 Legal Analyses
    Granting protection to "literary works"

  20. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,500 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid