§Why CasetextPricing

Lehman Brothers Holdings Inc. v. Universal American Mortgage Company, LLC

MOTION for Partial Summary Judgment

11 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 219,074 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"

  2. Clearmont v. Eisner

    58 A.D.3d 1052 (N.Y. App. Div. 2009)   Cited 163 times
    Finding a third party to a quitclaim deed to be a "true grantee"

  3. Marks v. New York University

    61 F. Supp. 2d 81 (S.D.N.Y. 1999)   Cited 103 times
    Indicating elements of breach of contract are: the existence of a contract, performance by the party seeking recovery, non-performance by the other party, and damages attributable to the breach

  4. Lasalle Bank National Association v. Lehman Brothers Holdings

    237 F. Supp. 2d 618 (D. Md. 2002)   Cited 37 times
    Holding that the question whether a breach of warranty was material was limited to the specific loan and the specific warranty at issue where a plaintiff sought to invoke a contractual buy-back remedy with respect to one loan within a loan portfolio

  5. Resolution Trust v. Key Financial Services

    280 F.3d 12 (1st Cir. 2002)   Cited 36 times
    Holding that the materiality inquiry was limited to the specific loans at issue rather than the entire contract for the sale of 355 loans

  6. Modell's N.Y., Inc. v. Noodle Kidoodle, Inc.

    242 A.D.2d 248 (N.Y. App. Div. 1997)   Cited 41 times
    Affirming summary judgment dismissal of fraud claim based on "mere . . . allegations that the contracting parties did not intend to meet their contractual obligations" and did not plead the circumstances of fraud with particularity

  7. United Mortg. Corp. v. Plaza Mortg. Corp.

    853 F. Supp. 311 (D. Minn. 1994)   Cited 41 times
    Holding that transfer under § 1404 "should not be freely granted"

  8. American General Financial Services of Illinois, Inc. v. Riverside Mortgage Co.

    455 F. Supp. 2d 822 (N.D. Ill. 2006)

    No. 02 C 3518. September 21, 2006. Stephen L. Tyma, Chicago, IL, for Plaintiff. J. Mark Davis, Wright, Lindsey Jennings, LLP, Little Rock, AK, for Defendant. MEMORANDUM OPINION AND ORDER MASON, United States Magistrate Judge. Plaintiff, American General Financial Services of Illinois, Inc. ("plaintiff" or "AGF") filed an action for declaratory relief and breach of contract against defendant Riverside Mortgage Company, Inc. ("Riverside"). Plaintiff alleged that Riverside breached its contractual obligation

  9. Residential Funding Corporation v. General Mortgage Corp.

    Civil No. 00-824(DSD/FLN) (D. Minn. Mar. 2, 2001)   Cited 1 times
    Holding that similar contract language "unambiguously reflect[ed] that defendant expressly agreed to repurchase the . . . loan upon plaintiff's request"

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,557 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 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,670 times   101 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"