40 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,238 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,131 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
Clark v. Coats Clark, Inc.
929 F.2d 604 (11th Cir. 1991) Cited 3,832 times
Holding that Celotex did not change the rule that the movant bore the initial burden, and stating, "Even after Celotex it is never enough simply to state that the non-moving party cannot meet its burden at trial"
Heller Fin., Inc. v. Midwhey Powder Co., Inc.
883 F.2d 1286 (7th Cir. 1989) Cited 1,587 times
Holding that a "forum-selection clause is not dispositive under § 1404"
Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co.
761 So. 2d 306 (Fla. 2000) Cited 205 times 1 Legal Analyses
Holding that choice-of-law provision in contract is presumptively valid unless party resisting enforcement can show that "the law of the chosen forum contravenes strong public policy"
Brown v. City of Clewiston
848 F.2d 1534 (11th Cir. 1988) Cited 232 times
Holding that an unconstitutional policy could not be inferred from the "scintilla" of evidence presented by plaintiff
St. Mary's Medical Ctr. v. Disco Alum. Prod
969 F.2d 585 (7th Cir. 1992) Cited 196 times 1 Legal Analyses
Holding that, in light of the totality of the circumstances, a party waived the right to seek arbitration where the parties had engaged in over four months of discovery, including depositions of principal witnesses, and the party sought arbitration only months before trial
Hess v. Bresney
784 F.3d 1154 (7th Cir. 2015) Cited 61 times
Holding plaintiff to his burden of persuasion on appeal of summary judgment
Garcia v. Wachovia Corp.
699 F.3d 1273 (11th Cir. 2012) Cited 56 times 1 Legal Analyses
Holding that a party substantially invoked the litigation machinery when the parties engaged in discovery, which included over 15 depositions and the production of more than 900,000 documents, for over a year prior to the motion to compel arbitration
Peppers v. Coates
887 F.2d 1493 (11th Cir. 1989) Cited 106 times
Granting summary judgment when federal defendant's connection with complained-of activity was "far too attenuated to subject him to the rigors of trial."
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Lincoln National Life Insurance Company v. Sussman

40 Cited authorities

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"

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 that Celotex did not change the rule that the movant bore the initial burden, and stating, "Even after Celotex it is never enough simply to state that the non-moving party cannot meet its burden at trial"

Holding that a "forum-selection clause is not dispositive under § 1404"

Holding that choice-of-law provision in contract is presumptively valid unless party resisting enforcement can show that "the law of the chosen forum contravenes strong public policy"

Holding that an unconstitutional policy could not be inferred from the "scintilla" of evidence presented by plaintiff

Holding that, in light of the totality of the circumstances, a party waived the right to seek arbitration where the parties had engaged in over four months of discovery, including depositions of principal witnesses, and the party sought arbitration only months before trial

Holding plaintiff to his burden of persuasion on appeal of summary judgment

Holding that a party substantially invoked the litigation machinery when the parties engaged in discovery, which included over 15 depositions and the production of more than 900,000 documents, for over a year prior to the motion to compel arbitration

Granting summary judgment when federal defendant's connection with complained-of activity was "far too attenuated to subject him to the rigors of trial."

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