§Why CasetextPricing

Ferrell v. Ditech Financial Llc

MOTION for Partial Summary Judgment

18 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 243,535 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 222,599 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 116,400 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. Little v. Liquid Air Corp.

    37 F.3d 1069 (5th Cir. 1994)   Cited 12,808 times   5 Legal Analyses
    Holding that a nonmovant's summary judgment burden is not satisfied with "some meta-physical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence"

  5. Turner v. Baylor Rich. Med. Cent

    476 F.3d 337 (5th Cir. 2007)   Cited 2,300 times   2 Legal Analyses
    Holding that an employee need only show that she had a "reasonable belief that the employer was engaged in unlawful employment practices" to satisfy the "opposition requirement" of a Title VII retaliation claim

  6. Ragas v. Tennessee Gas Pipeline Co.

    136 F.3d 455 (5th Cir. 1998)   Cited 2,903 times
    Holding that a party opposing summary judgment is required to identify specific evidence in the record and articulate the precise manner in which that evidence supports her claim

  7. Equal Employment Opportunity Commission v. Chevron Phillips Chemical Co.

    570 F.3d 606 (5th Cir. 2009)   Cited 549 times   4 Legal Analyses
    Holding that the failure not to discuss a reasonable accommodation in a meeting about the employee's injury and position with the employer suggests bad faith

  8. Miller v. Bac Home Loans Servicing, L.P.

    726 F.3d 717 (5th Cir. 2013)   Cited 278 times   1 Legal Analyses
    Holding that plaintiffs stated a claim under section 392.304 by alleging that debt collector promised to consider plaintiffs' loan modification application before foreclosure, failed to fulfill its promise, and thereby "may have harmed [plaintiffs] by causing them . . . to decline to liquidate property or seek alternative financing before the . . . foreclosure date"

  9. Trugreen Landcare, L.L.C. v. Scott

    512 F. Supp. 2d 613 (N.D. Tex. 2007)   Cited 324 times
    Holding that failure to produce proof as to any essential element of a claim renders all other fact issues immaterial

  10. Riverside Nat. Bank v. Lewis

    603 S.W.2d 169 (Tex. 1980)   Cited 338 times
    Holding that money is not a "good," as defined by the DTPA but, rather "money is properly characterized as a currency of exchange that enables the holder to acquire goods."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 339,516 times   162 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 17.45 - Definitions

    Tex. Bus. & Com. Code § 17.45   Cited 724 times   2 Legal Analyses
    Denying standing to sue under DTPA where corporation has assets of $25 million