§Why CasetextPricing

Kristensen v. Credit Payment Services Inc.

RESPONSE to 268 MOTION to Strike Plaintiff's Rule 56

20 Cited authorities

  1. School District No. 1J, Multnomah County v. ACandS, Inc.

    5 F.3d 1255 (9th Cir. 1993)   Cited 4,862 times   2 Legal Analyses
    Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration

  2. David v. Caterpillar, Inc.

    324 F.3d 851 (7th Cir. 2003)   Cited 652 times
    Holding that liability can be based on the bias of employees who have the duty to recommend other employees for promotion, where the decision maker said he "received the necessary information" for decisions from those recommending employees

  3. Van Asdale v. Intern. Game Techn

    577 F.3d 989 (9th Cir. 2009)   Cited 473 times   11 Legal Analyses
    Holding that a covered whistleblower need only demonstrate a reasonable belief that the "conduct being reported violated a listed law"

  4. Kennedy v. Allied Mut. Ins. Co.

    952 F.2d 262 (9th Cir. 1991)   Cited 793 times   1 Legal Analyses
    Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact

  5. Lanard Toys Ltd. v. Novelty, Inc.

    375 F. App'x 705 (9th Cir. 2010)   Cited 236 times   1 Legal Analyses
    Holding that a failure to comply with Rule 26 was harmless where the non-moving party offering the report served a preliminary expert declaration prior to the discovery deadline, produced a "supplemental" expert declaration seven months before trial, and the moving party did not attempt to depose the expert

  6. Nelson v. City of Davis

    571 F.3d 924 (9th Cir. 2009)   Cited 226 times
    Holding that the sham affidavit rule does not preclude a party from "elaborating upon, explaining or clarifying prior testimony elicited by opposing counsel on deposition," and that "minor inconsistencies that result from an honest discrepancy, a mistake, or newly discovered evidence" do not justify striking a declaration

  7. Adler v. the Federal Republic of Nigeria

    107 F.3d 720 (9th Cir. 1997)   Cited 88 times
    Holding that, because the plaintiff had instructed Nigeria to make payments to the plaintiff's account in New York, “New York was the place of performance of Nigeria's ultimate contractual obligation,” and “its failure to satisfy that obligation necessarily had a direct effect in the United States”

  8. Reyes v. Missouri Pac. R. Co.

    589 F.2d 791 (5th Cir. 1979)   Cited 89 times
    Holding four convictions over a three and one-half year period was of insufficient regularity to demonstrate a habit for public intoxication

  9. Martinez v. Marin Sanitary Service

    349 F. Supp. 2d 1234 (N.D. Cal. 2004)   Cited 24 times
    Reciting same elements for claim of racial harassment

  10. Bean v. United States

    533 F. Supp. 567 (D. Colo. 1980)   Cited 46 times
    Holding that defendant's "routine practice of obtaining signed consent forms prior to administering the vaccine" sufficed to establish that it "had acted in conformity with the habit and custom in advising [plaintiff] of the potential adverse effects of the swine flu vaccine"

  11. 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

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 47,073 times   326 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  14. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,392 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  15. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,247 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  16. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,845 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  17. Rule 406 - Habit; Routine Practice

    Fed. R. Evid. 406   Cited 752 times   3 Legal Analyses
    Stating that evidence of an organization's routine practice can be admitted to prove that the organization acted in accordance with that routine practice on a particular occasion