Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 times 38 Legal AnalysesHolding 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 216,195 times 40 Legal AnalysesHolding 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 113,067 times 38 Legal AnalysesHolding 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,484 times 25 Legal AnalysesHolding 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"
Hartford Fire Ins. Co. v. California
509 U.S. 764 (1993) Cited 569 times 8 Legal AnalysesHolding that allegation that defendant insurers and reinsurers told "groups of insurance brokers and agents . . . that a reinsurance boycott, and thus loss of income to the agents and brokers who would be unable to find available markets for their customers, would ensue" if the terms desired by defendants in commercial general liability insurance were not approved, was a boycott under the McCarran-Ferguson Act
Walker v. Darby
911 F.2d 1573 (11th Cir. 1990) Cited 2,153 timesHolding that circumstantial evidence may be used to prove a wiretap claim, including actual interception
Reese v. Ellis, Painter, Ratterree & Adams, LLP
678 F.3d 1211 (11th Cir. 2012) Cited 355 times 5 Legal AnalysesHolding that a law firm was a debt collector because the Complaint alleged that the law firm "engaged in the business of collecting debts owed to others incurred for personal, family or household purposes" and "had sent to more than 500 people dunning notice containing the same or substantially similar language to [the communications at issue]"
Hebert Abstract Co. v. Touchstone Properties, Ltd.
914 F.2d 74 (5th Cir. 1990) Cited 483 timesHolding that court should consider pleadings and judicially noticed facts
Warren v. Countrywide Home Loans
342 F. App'x 458 (11th Cir. 2009) Cited 128 times 2 Legal AnalysesHolding that “foreclosing on a home is not debt collection for purposes” of the FDCPA
McCorriston v. L.W.T., Inc.
536 F. Supp. 2d 1268 (M.D. Fla. 2008) Cited 83 timesHolding that allegation of a discrete violation of the FDCPA within the limitations period is actionable despite related collection efforts outside of one-year period.
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 345,529 times 922 Legal AnalysesGranting 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 328,543 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,397 times 35 Legal AnalysesProviding a non-exhaustive list of conduct that is unfair or unconscionable
Section 559.72 - Prohibited practices generally
Fla. Stat. § 559.72 Cited 467 times 7 Legal AnalysesProhibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"