16 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 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"
Comm. for the First Amendment v. Campbell
962 F.2d 1517 (10th Cir. 1992) Cited 589 times
Holding that the district court did not abuse its discretion by implicitly denying a Rule 56(d) motion through the grant of summary judgment
Burke v. Utah Transit Authority
462 F.3d 1253 (10th Cir. 2006) Cited 244 times
Holding that section 13(c) does not create a federal private cause of action
Price ex Rel. Price v. Western Resources
232 F.3d 779 (10th Cir. 2000) Cited 249 times
Holding that a district court's decision to deny relief under Rule 56(f) is reviewed for an abuse of discretion
Lewis v. City of Ft. Collins
903 F.2d 752 (10th Cir. 1990) Cited 231 times
Concluding that a plaintiff's unspecific assertions that "she ‘will be able to show’ certain facts relative to her claims of discriminatory animus on the part of City officials" were "simply insufficient to meet Rule 56 ([d]) muster when defendants’ claim of qualified immunity is at issue"
Weir v. Anaconda Co.
773 F.2d 1073 (10th Cir. 1985) Cited 121 times
Recognizing that in the Tenth Circuit, a movant must be viewed in the light most favorable to the opposing party and that the movant must demonstrate entitlement to summary judgment beyond a reasonable doubt.
Marquez v. Cable One Inc.
463 F.3d 1118 (10th Cir. 2006) Cited 64 times
Holding that plaintiff had adequate notice of conversion of motion where motion was titled in the alternative with evidentiary materials attached
Patty Precision v. Brown Sharpe Mfg. Co.
742 F.2d 1260 (10th Cir. 1984) Cited 114 times
Holding that trial court failed to exercise discretion where trial court did not rule on opposing party's Rule 56(f) affidavit before granting summary judgment against it
Flight Concepts Ltd. Partnership v. Boeing Co.
38 F.3d 1152 (10th Cir. 1994) Cited 66 times
Finding the Kansas implied covenant of good faith was inapplicable where the express terms of the contract provided one party with "uncontrolled discretion"
Brown v. Chaffee
612 F.2d 497 (10th Cir. 1979) Cited 94 times
Rejecting witness intimidation claim under § 1985 because conspiracy was not one "directly affecting, in the context of this case, the act of testifying as a witness"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 3 - Commencing an Action
Fed. R. Civ. P. 3 Cited 3,035 times 5 Legal Analyses
Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"

Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Knight et al

16 Cited authorities

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 the district court did not abuse its discretion by implicitly denying a Rule 56(d) motion through the grant of summary judgment

Holding that section 13(c) does not create a federal private cause of action

Holding that a district court's decision to deny relief under Rule 56(f) is reviewed for an abuse of discretion

Concluding that a plaintiff's unspecific assertions that "she ‘will be able to show’ certain facts relative to her claims of discriminatory animus on the part of City officials" were "simply insufficient to meet Rule 56 ([d]) muster when defendants’ claim of qualified immunity is at issue"

Recognizing that in the Tenth Circuit, a movant must be viewed in the light most favorable to the opposing party and that the movant must demonstrate entitlement to summary judgment beyond a reasonable doubt.

Holding that plaintiff had adequate notice of conversion of motion where motion was titled in the alternative with evidentiary materials attached

Holding that trial court failed to exercise discretion where trial court did not rule on opposing party's Rule 56(f) affidavit before granting summary judgment against it

Finding the Kansas implied covenant of good faith was inapplicable where the express terms of the contract provided one party with "uncontrolled discretion"

Rejecting witness intimidation claim under § 1985 because conspiracy was not one "directly affecting, in the context of this case, the act of testifying as a witness"

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

Adopting Fed.R.Civ.P. 37

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"