Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,328 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"
Beard v. Banks
548 U.S. 521 (2006) Cited 1,693 times 1 Legal AnalysesHolding that encouraging progress toward rehabilitation serves legitimate penological objectives
Norman v. Apache Corp.
19 F.3d 1017 (5th Cir. 1994) Cited 787 timesHolding that while Rules 8 and 9(b) are to be harmonized, "Rule 8 has never been read to eviscerate Rule 9(b)'s requirement that an averment of fraud must be stated with particularity."
Burden v. General Dynamics Corp.
60 F.3d 213 (5th Cir. 1995) Cited 415 timesConcluding that the district court had subject matter jurisdiction where a defendant charged with intentional infliction of emotional distress had been fraudulently joined
Peterson v. Schimek
729 So. 2d 1024 (La. 1999) Cited 112 timesFinding same language as in policy to cover non-scheduled rental property
Billiot v. Terrebonne Sher.
735 So. 2d 17 (La. Ct. App. 1999) Cited 18 timesIn Billiot, the court found that the issue of whether a policy of insurance provides coverage is a purely legal question only in the context of motions for summary judgment and not where a factual finding is necessary in order to reach the coverage issue.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1983 - Law for the parties; performance in good faith
La. Civ. Code art. 1983 Cited 174 timesStating contracts have effect of law for parties