23 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,933 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 216,931 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 113,439 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
Lavespere v. Niagara Mach. Tool Works, Inc.
910 F.2d 167 (5th Cir. 1990) Cited 2,231 times
Holding that trial court is free to reconsider and reverse its decision on an interlocutory order "for any reason it deems sufficient, even in the absence of new evidence or an intervening change in or clarification of the substantive law"
Fontenot v. Upjohn Co.
780 F.2d 1190 (5th Cir. 1986) Cited 2,654 times
Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
Smith v. Amedisys Inc.
298 F.3d 434 (5th Cir. 2002) Cited 725 times
Holding that "summary judgment was appropriate" where no dispute of material fact existed about the validity of a waiver of claims
Mitchell v. Trawler Racer, Inc.
362 U.S. 539 (1960) Cited 772 times
Holding that shipowner's actual or constructive notice of a temporary unseaworthy condition is not required to support liability for unseaworthiness
Auguster v. Vermilion Parish School Bd.
249 F.3d 400 (5th Cir. 2001) Cited 462 times
Holding comment made "nearly a year" prior to adverse decision was stray remark under CSC Logic
Donaghey v. Ocean Drilling Exploration Co.
974 F.2d 646 (5th Cir. 1992) Cited 504 times
Holding that "the doctrine of superseding negligence in maritime cases . . . retains its vitality"
Gautreaux v. Scurlock Marine, Inc.
107 F.3d 331 (5th Cir. 1997) Cited 432 times
Holding that seaman are held to a standard of ordinary prudence to avoid injury
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,772 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 30104 - Personal injury to or death of seamen
46 U.S.C. § 30104 Cited 997 times 12 Legal Analyses
Granting injured seamen a right to a jury trial in Jones Act cases

Knox v. Bisso Marine, Llc, et al

23 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 trial court is free to reconsider and reverse its decision on an interlocutory order "for any reason it deems sufficient, even in the absence of new evidence or an intervening change in or clarification of the substantive law"

Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"

Holding that "summary judgment was appropriate" where no dispute of material fact existed about the validity of a waiver of claims

Holding that shipowner's actual or constructive notice of a temporary unseaworthy condition is not required to support liability for unseaworthiness

Holding comment made "nearly a year" prior to adverse decision was stray remark under CSC Logic

Holding that "the doctrine of superseding negligence in maritime cases . . . retains its vitality"

Holding that seaman are held to a standard of ordinary prudence to avoid injury

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

Granting injured seamen a right to a jury trial in Jones Act cases