20 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,482 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"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,533 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"
  3. Frank v. U.S. West, Inc.

    3 F.3d 1357 (10th Cir. 1993)   Cited 1,663 times
    Holding that parent liable for subsidiary's discrimination only when the two are integrated enterprises
  4. Allen v. Muskogee, Oklahoma

    119 F.3d 837 (10th Cir. 1997)   Cited 1,175 times   1 Legal Analyses
    Holding a rational jury could conclude officers' reckless conduct created lethal situation and that would constitute a violation of a decedent's Fourth Amendment rights
  5. Concrete Works, Colo. v. City Cty of Denver

    36 F.3d 1513 (10th Cir. 1994)   Cited 949 times
    Holding that "post-enactment evidence, if carefully scrutinized for its accuracy, will often prove quite useful in evaluating the remedial effects or shortcomings of the race-conscious program"
  6. Bryant v. Farmers Ins. Exch.

    432 F.3d 1114 (10th Cir. 2005)   Cited 446 times   1 Legal Analyses
    Holding that the calculation of the arithmetical mean of 103 numbers was "well within the ability of anyone with a grade-school education" and "aptly characterized as a lay opinion"
  7. Trainor v. Apollo Metal Specialities, Inc.

    318 F.3d 976 (10th Cir. 2003)   Cited 471 times   2 Legal Analyses
    Concluding that the jurisdictional claims and merits were intertwined where the issue was the defendant's status as an "employer" under the ADA
  8. Comm. for the First Amendment v. Campbell

    962 F.2d 1517 (10th Cir. 1992)   Cited 578 times
    Holding that the district court did not abuse its discretion by implicitly denying a Rule 56(d) motion through the grant of summary judgment
  9. Wheeler v. Hurdman

    825 F.2d 257 (10th Cir. 1987)   Cited 560 times
    Holding partners are not "employees" under Title VII, but distinguishing the case where an employee might be made a partner as "a sham" to enable subsequent discrimination
  10. Bristol v. Bd. of Cty. Com'rs of Clear Creek

    312 F.3d 1213 (10th Cir. 2002)   Cited 239 times
    Holding that because a "Board lacks the power to control the hiring, termination, or supervision of a Sheriff's employees, or otherwise control the terms and conditions of their employment, there can be no basis upon which a jury could determine that the Board owes a [duty to provide accommodation under the Americans with Disabilities Act]."
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. 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
  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,123 times   127 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
  14. Section 26-8.5-100.1 to 26-8.5-108 - [Repealed]

    Colo. Rev. Stat. § 26-8.5-100.1 to 26-8.5-108

    C.R.S. § 26-8.5-100.1 to 26-8.5-108 (1) This article was added in 1977. This article was relocated to part 2 of article 84 of title 8. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. (2) Section 26-8.5-108 provided for the repeal of this article, effective July 1, 2016. (See L. 2015, p. 487.)

  15. Section 395.1 - Terms

    34 C.F.R. § 395.1   Cited 22 times
    Defining "cafeteria" as "a food dispensing facility capable of providing a broad variety of prepared foods and beverages . . . primarily through the use of a line where the customer serves himself from displayed selections. . . . [t]able or booth seating facilities are always provided."