13 Cited authorities

  1. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,238 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
  2. Fontenot v. Upjohn Co.

    780 F.2d 1190 (5th Cir. 1986)   Cited 2,636 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"
  3. Reaves Brokerage v. Sunbelt Fruit Vegetable

    336 F.3d 410 (5th Cir. 2003)   Cited 550 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
  4. Edwards v. Your Credit Inc.

    148 F.3d 427 (5th Cir. 1998)   Cited 505 times
    Requiring "citations [in the motion] to each page of the appendix that supports each assertion that the party makes concerning summary judgment evidence."
  5. Gray v. Powers

    673 F.3d 352 (5th Cir. 2012)   Cited 265 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
  6. Martin v. Spring Break 83 Prods., L.L.C.

    688 F.3d 247 (5th Cir. 2012)   Cited 220 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
  7. Baystate Alt. Staffing, Inc. v. Herman

    163 F.3d 668 (1st Cir. 1998)   Cited 219 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
  8. 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
  9. 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

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Section 541.100 - 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"
  13. Section 541.601 - Highly compensated employees

    29 C.F.R. § 541.601   Cited 219 times   43 Legal Analyses
    Requiring "at least $455 per week paid on a salary or fee basis"