§Why CasetextPricing

Houston Police Officers Pension System v. State Street Bank & Trust Co.

MEMORANDUM OF LAW in Support re:

32 Cited authorities

  1. 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"

  2. 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"

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,466 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. Arthur Andersen Co. v. Perry Equipment Corp.

    945 S.W.2d 812 (Tex. 1997)   Cited 1,183 times   3 Legal Analyses
    Holding that although " contingent fee may indeed be a reasonable fee from the standpoint of the parties to the contract," it is not "in and of itself reasonable for purposes of shifting that fee to the defendant"; the fact finder is still required to "decide the question of attorney's fees specifically in light of the work performed in the very case for which the fee is sought"

  5. Quinn v. Syracuse Model Neighborhood Corp.

    613 F.2d 438 (2d Cir. 1980)   Cited 825 times
    Holding that fact stated in legal memoranda insufficient to defeat summary judgment

  6. Sears Roebuck Co. v. Meadows

    877 S.W.2d 281 (Tex. 1994)   Cited 124 times

    No. D-3659. April 20, 1994. Rehearing Overruled June 15, 1994. Appeal from the 82nd District Court, Falls County, Robert Stem, J. Daniel Jordan, John F. Morehead, Austin, David Anderson, Marlin, for petitioners. Bryan F. Russ, Bryan F. Russ, Jr., Bill Palmos, Hearne, for respondent. PER CURIAM. Of the many issues petitioner has raised in this appeal, the one we find dispositive is whether the trial court properly instructed the jury as to the elements of fraud. We hold that it did not. Lawrence Meadows

  7. Pitman v. Lightfoot

    937 S.W.2d 496 (Tex. App. 1996)   Cited 98 times
    Holding that by failing to challenge court's agency instruction on actual and apparent authority, appellants waived any complaint on appeal regarding implied finding of agency relationship

  8. Swank v. Cunningham

    258 S.W.3d 647 (Tex. App. 2008)   Cited 50 times
    Holding that, under the corporate analog to section 101.463(c), "the trial court has discretion to award damages in a derivative proceeding directly to the shareholder."

  9. Leasehold Expense Recovery v. Mothers Work

    331 F.3d 452 (5th Cir. 2003)   Cited 55 times
    Finding LER's claim that "Mothers conspired with its counsel, Graham Miles, to enter secret 'side deals' with its landlords in an attempt to avoid compensating LER under the Contract" failed because "LER has not alleged that Miles has any independent interest that would make it possible for him, under Texas law, to conspire with Mothers"

  10. Crescendo Invest. v. Brice

    61 S.W.3d 465 (Tex. App. 2001)   Cited 45 times
    Holding that "[t]ranscripts ‘necessarily obtained for use in the suit’ seems to obviously include depositions ... used to question witnesses and prepare for argument at trial" and allowing those costs to be recovered

  11. 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

  12. Section 1003 - Coverage

    29 U.S.C. § 1003   Cited 1,622 times   8 Legal Analyses
    Defining employee benefit plan governed by ERISA

  13. Section 1841 - Definitions

    12 U.S.C. § 1841   Cited 285 times   24 Legal Analyses
    Exempting state companies from regulations covering federal bank holding companies

  14. Section 80b-2 - Definitions

    15 U.S.C. § 80b-2   Cited 219 times   16 Legal Analyses
    Defining investment adviser

  15. Section 581-33 - [Repealed]

    Tex. Rev. Civ. Stat. art. 581-33   Cited 144 times
    Providing "[n]o person may sue" under the TSA "more than five years after the sale" of the securities at issue

  16. Section 80a-3 - Definition of investment company

    15 U.S.C. § 80a-3   Cited 120 times   28 Legal Analyses
    Excluding church plans from the definition of investment companies under the Investment Company Act of 1940

  17. Section 581-4 - [Repealed]

    Tex. Rev. Civ. Stat. art. 581-4   Cited 44 times
    Providing that the term security "shall not apply to any . . . annuity contract . . . or any contract or agreement in relation to and in consequence of any such policy or contract"