13 Cited authorities

Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,875 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
Fontenot v. Upjohn Co.
780 F.2d 1190 (5th Cir. 1986) Cited 2,673 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"
Reaves Brokerage v. Sunbelt Fruit Vegetable
336 F.3d 410 (5th Cir. 2003) Cited 551 times 2 Legal Analyses
Holding that "a ‘bonafide purchaser’ of trust assets receives the assets free of claims by trust beneficiaries" and noting that the determinative issue on appeal is whether the "factoring agreement" was a loan secured by accounts receivable or a true sale of accounts receivable
Edwards v. Your Credit Inc.
148 F.3d 427 (5th Cir. 1998) Cited 508 times
Requiring "citations [in the motion] to each page of the appendix that supports each assertion that the party makes concerning summary judgment evidence."
Gray v. Powers
673 F.3d 352 (5th Cir. 2012) Cited 266 times 1 Legal Analyses
Holding that the first element was not established when the only evidence produced was that the defendant was a member of the board that ran the plaintiff's workplace and participated in a group decision to hire a general manager for the establishment
Martin v. Spring Break 83 Prods., L.L.C.
688 F.3d 247 (5th Cir. 2012) Cited 221 times 12 Legal Analyses
Holding that the third element is not satisfied when the defendant merely stated that he would ensure employees were compensated and there was evidence that a third party handled the employees' payroll
Baystate Alt. Staffing, Inc. v. Herman
163 F.3d 668 (1st Cir. 1998) Cited 221 times 5 Legal Analyses
Finding that the Bonnette factors provided the best framework for determining whether an agency that provided temporary workers to other entities was a joint employer of the workers under the FLSA
Watson v. Graves
909 F.2d 1549 (5th Cir. 1990) Cited 231 times
Holding the FLSA applicable where the prisoners worked for an outside construction company in competition with other private employers and where this competition tended to undermine compliance with the FLSA
King v. Stevenson Beer Distrib. Co.
11 F. Supp. 3d 772 (S.D. Tex. 2014) Cited 13 times
Civil Action No. 4:12–CV–911. 03-27-2014 Shannon KING, Plaintiff, v. STEVENSON BEER DISTRIBUTING CO., et al., Defendants. David James Manley, Cypress, TX, for Plaintiff. Allan Huddleston Neighbors, IV, Kevin Stephen Little, Littler Mendelson PC, Houston, TX, for Defendants. MELINDA HARMON, District Judge. David James Manley, Cypress, TX, for Plaintiff. Allan Huddleston Neighbors, IV, Kevin Stephen Little, Littler Mendelson PC, Houston, TX, for Defendants. OPINION AND ORDER MELINDA HARMON, District
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 541.100 - [Effective 7/1/2024] General rule for executive employees
29 C.F.R. § 541.100 Cited 852 times 52 Legal Analyses
Requiring payment "on a salary basis at a rate of not less than $455 per week"
Section 541.601 - [Effective until 7/1/2024] Highly compensated employees
29 C.F.R. § 541.601 Cited 220 times 43 Legal Analyses
Requiring "at least $455 per week paid on a salary or fee basis"

Larry Gonzales v. Allied Oil & Gas Services, Llc

13 Cited authorities

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 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 "a ‘bonafide purchaser’ of trust assets receives the assets free of claims by trust beneficiaries" and noting that the determinative issue on appeal is whether the "factoring agreement" was a loan secured by accounts receivable or a true sale of accounts receivable

Requiring "citations [in the motion] to each page of the appendix that supports each assertion that the party makes concerning summary judgment evidence."

Holding that the first element was not established when the only evidence produced was that the defendant was a member of the board that ran the plaintiff's workplace and participated in a group decision to hire a general manager for the establishment

Holding that the third element is not satisfied when the defendant merely stated that he would ensure employees were compensated and there was evidence that a third party handled the employees' payroll

Finding that the Bonnette factors provided the best framework for determining whether an agency that provided temporary workers to other entities was a joint employer of the workers under the FLSA

Holding the FLSA applicable where the prisoners worked for an outside construction company in competition with other private employers and where this competition tended to undermine compliance with the FLSA

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

Allowing service by filing papers with the court's electronic-filing system

Requiring payment "on a salary basis at a rate of not less than $455 per week"

Requiring "at least $455 per week paid on a salary or fee basis"