18 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,643 times 39 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 220,134 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"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,896 times 142 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"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,779 times 35 Legal Analyses
Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
Sprint Communications Co. v. APCC Services, Inc.
554 U.S. 269 (2008) Cited 818 times 8 Legal Analyses
Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable
Golden v. Zwickler
394 U.S. 103 (1969) Cited 1,149 times
Holding the plaintiff lacked standing to seek a declaratory judgment that a certain New York statute was unconstitutional because it was "most unlikely" that he would be subject to the statute in the future, which "precluded a finding that there was ‘sufficiently immediacy and reality’ here"
Cent. States. Se. v. Merck-Medco
504 F.3d 229 (2d Cir. 2007) Cited 272 times 2 Legal Analyses
Holding that non-party appellant lacked standing because it "would possess the same legal rights . . . whether or not the Settlement Agreement were approved"
NML Capital v. Republic of Argentina
2011 N.Y. Slip Op. 5581 (N.Y. 2011) Cited 119 times 4 Legal Analyses
Observing that Argentina did not dispute that it "was required to repay the principal indebtedness"
Gussack Realty Co. v. Xerox Corp.
224 F.3d 85 (2d Cir. 2000) Cited 146 times
Holding that a monetary award for future response costs in an action under § 107 provided a remedy not available under CERCLA because “[t]he proper remedy for future response costs is not a present lump-sum payment of anticipated expenses but instead a declaratory judgment award dividing future response costs among responsible parties.”
Contemporary Mission v. Famous Music Corp.
557 F.2d 918 (2d Cir. 1977) Cited 186 times
Holding that mere technical compliance with a contractual provision requiring the defendant to spend $50,000 to promote the plaintiff's rock opera did not meet the defendant's obligation to use reasonable efforts to promote the opera
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 357,835 times 950 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 335,322 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 5001 - Interest to verdict, report or decision
N.Y. CPLR 5001 Cited 2,471 times 4 Legal Analyses
Allowing prejudgment interest in contract cases
Section 5004 - Rate of interest
N.Y. C.P.L.R. § 5004 Cited 1,628 times 1 Legal Analyses
Governing New York State statutory interest rate for pre-judgment interest

Fleisher et al v. Phoenix Life Insurance Company

18 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 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 Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

Holding the plaintiff lacked standing to seek a declaratory judgment that a certain New York statute was unconstitutional because it was "most unlikely" that he would be subject to the statute in the future, which "precluded a finding that there was ‘sufficiently immediacy and reality’ here"

Holding that non-party appellant lacked standing because it "would possess the same legal rights . . . whether or not the Settlement Agreement were approved"

Observing that Argentina did not dispute that it "was required to repay the principal indebtedness"

Holding that mere technical compliance with a contractual provision requiring the defendant to spend $50,000 to promote the plaintiff's rock opera did not meet the defendant's obligation to use reasonable efforts to promote the opera

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

Allowing prejudgment interest in contract cases

Governing New York State statutory interest rate for pre-judgment interest