49 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,641 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"
  2. Aguilar v. Atlantic Richfield Co.

    25 Cal.4th 826 (Cal. 2001)   Cited 4,859 times   2 Legal Analyses
    Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
  3. Villiarimo v. Aloha Island Air, Inc.

    281 F.3d 1054 (9th Cir. 2002)   Cited 2,804 times
    Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"
  4. Yanowitz v. L'Oreal USA Inc.

    36 Cal.4th 1028 (Cal. 2005)   Cited 1,533 times   11 Legal Analyses
    Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
  5. Gilmour v. Gates, McDonald and Co.

    382 F.3d 1312 (11th Cir. 2004)   Cited 1,263 times   2 Legal Analyses
    Holding claim raised in brief in opposition to summary judgment was not before the court on appeal because it was not in the complaint
  6. Lyle v. Warner Brothers Television Productions

    38 Cal.4th 264 (Cal. 2006)   Cited 460 times   5 Legal Analyses
    Holding that "California courts have adopted the same standard as [Title VII] for hostile work environment sexual harassment claims."
  7. Bradley v. Harcourt, Brace & Co.

    104 F.3d 267 (9th Cir. 1996)   Cited 554 times   1 Legal Analyses
    Holding that the plaintiff's evidence was insufficient as a matter of law to rebut the strong same-actor inference
  8. Janken v. GM Hughes Electronics

    46 Cal.App.4th 55 (Cal. Ct. App. 1996)   Cited 536 times
    Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more
  9. White v. Ultramar, Inc.

    21 Cal.4th 563 (Cal. 1999)   Cited 463 times   4 Legal Analyses
    Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"
  10. Hersant v. Department of Social Services

    57 Cal.App.4th 997 (Cal. Ct. App. 1997)   Cited 485 times
    Holding that "to avoid summary judgment, an employee claiming discrimination must offer substantial evidence that the employer's stated nondiscriminatory reason for the adverse action was untrue or pretextual, or evidence the employer acted with a discriminatory animus, or a combination of the two, such that a reasonable trier of fact could conclude the employer engaged in intentional discrimination.
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,337 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 12203 - Prohibition against retaliation and coercion

    42 U.S.C. § 12203   Cited 3,388 times   12 Legal Analyses
    Providing that "No person shall discriminate against any individual because . . . such individual made a charge . . . under [the ADA]" and making it unlawful for an employer to retaliate against an employee because the employee requested an accommodation
  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,802 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  14. Section 45 - Libel defined

    Cal. Civ. Code § 45   Cited 639 times   1 Legal Analyses
    Defining libel
  15. Section 1102.6 - Burden of proof in civil action

    Cal. Lab. Code § 1102.6   Cited 77 times   11 Legal Analyses
    Allocating burdens of proof in “a civil action or administrative proceeding”
  16. Section 245.5 - Definitions

    Cal. Lab. Code § 245.5   Cited 11 times   9 Legal Analyses

    As used in this article: (a) "Employee" does not include the following: (1) Except as provided in subdivision (d) of Section 246.5, an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application

  17. Section 825.220 - Protection for employees who request leave or otherwise assert FMLA rights

    29 C.F.R. § 825.220   Cited 1,750 times   43 Legal Analyses
    Adopting a "negative factor" standard