38 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,309 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,121 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
Formosa Plast v. Presidio Engineers
960 S.W.2d 41 (Tex. 1998) Cited 1,714 times 1 Legal Analyses
Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party
Massachusetts School of Law v. American Bar
142 F.3d 26 (1st Cir. 1998) Cited 722 times 2 Legal Analyses
Holding that the defendants who "were parties to the precursor litigation" were sufficiently identical, though the current action added additional new parties
Haase v. Glazner
62 S.W.3d 795 (Tex. 2001) Cited 483 times 1 Legal Analyses
Holding benefit of the bargain damages are not available if the claim is barred by the statute of frauds
Federal Land Bank Ass'n of Tyler v. Sloane
825 S.W.2d 439 (Tex. 1992) Cited 647 times
Holding that statute of frauds did not bar recovery where plaintiff alleged negligent misrepresentation, not breach of contract
Quinn v. Syracuse Model Neighborhood Corp.
613 F.2d 438 (2d Cir. 1980) Cited 824 times
Holding that fact stated in legal memoranda insufficient to defeat summary judgment
Hughes Wood Products, Inc. v. Wagner
18 S.W.3d 202 (Tex. 2000) Cited 179 times
Holding that a movant for summary judgment must "satisfy its burden of proof with respect to fact questions necessary to the choice of law decision."
Demaria v. Andersen
318 F.3d 170 (2d Cir. 2003) Cited 152 times 12 Legal Analyses
Holding that "aftermarket purchasers" can have standing under Section 11 if they can trace their shares to the allegedly defective registration statement
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

In Re: State Street Bank and Trust Co. Fixed Income Funds Investment Litigation

38 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, 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

Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party

Holding that the defendants who "were parties to the precursor litigation" were sufficiently identical, though the current action added additional new parties

Holding benefit of the bargain damages are not available if the claim is barred by the statute of frauds

Holding that statute of frauds did not bar recovery where plaintiff alleged negligent misrepresentation, not breach of contract

Holding that fact stated in legal memoranda insufficient to defeat summary judgment

Holding that a movant for summary judgment must "satisfy its burden of proof with respect to fact questions necessary to the choice of law decision."

Holding that "aftermarket purchasers" can have standing under Section 11 if they can trace their shares to the allegedly defective registration statement

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit