§Why CasetextPricing

Mansour et al v. Factory Direct of Secaucus, LLC

MEMORANDUM in Opposition

34 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,142 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 216,254 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. Univ. of Tex. Sw. Med. Ctr. v. Nassar

    570 U.S. 338 (2013)   Cited 5,208 times   78 Legal Analyses
    Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

  4. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,185 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  5. Burrage v. United States

    571 U.S. 204 (2014)   Cited 950 times   18 Legal Analyses
    Holding that "results from" imposes but-for causation

  6. Masson v. New Yorker Magazine, Inc.

    501 U.S. 496 (1991)   Cited 1,408 times   3 Legal Analyses
    Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

  7. McKennon v. Nashville Banner Publ'g Co.

    513 U.S. 352 (1995)   Cited 1,180 times   9 Legal Analyses
    Holding that, under the ADEA, neither reinstatement nor front pay is appropriate when, subsequent to the statutory violation, the plaintiff's employment has been terminated for legitimate reasons

  8. Fuentes v. Perskie

    32 F.3d 759 (3d Cir. 1994)   Cited 3,764 times   2 Legal Analyses
    Holding that a plaintiff can challenge a legitimate reason for an employment action by showing, inter alia, that the employer treated other, similarly situated persons not of her protected class more favorably

  9. Kwan v. Andalex Grp. LLC

    737 F.3d 834 (2d Cir. 2013)   Cited 1,237 times   6 Legal Analyses
    Holding district court properly dismissed without considering the merits of a claim first raised in opposition to motion for summary judgment

  10. Moore v. City of Philadelphia

    461 F.3d 331 (3d Cir. 2006)   Cited 1,486 times   3 Legal Analyses
    Holding that plaintiffs statement, complaining about fellow employee's specific comments and made to that employee's supervisor in front of that employee, constitutes protected conduct

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,637 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,865 times   236 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  13. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,260 times   170 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  14. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,241 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  15. Section 10:5-1 - Short title

    N.J. Stat. § 10:5-1   Cited 2,518 times   45 Legal Analyses

    This act shall be known as "Law Against Discrimination." N.J.S. § 10:5-1 L.1945, c.169, p.589, s.1, eff. 4/16/1945.

  16. Section 1871 - Disposition of inventions produced under contracts or other arrangements

    42 U.S.C. § 1871   Cited 5 times

    Each contract or other arrangement executed pursuant to this chapter which relates to scientific or engineering research shall contain provisions governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the contract or other arrangement is executed: Provided, however, That nothing in this chapter shall be construed to authorize the Foundation to enter into any contractual or other

  17. Section 23:10-5 - Arrest on view without warrant; interference with or resisting officer

    N.J. Stat. § 23:10-5   Cited 1 times

    Any police officer, fish and game warden, protector, or deputy warden, or any officer or member of any incorporated game protective society may, for a violation of any provision of this Title, or any provision of any law supplementary thereto, or of any provision of the State Fish and Game Code committed within the view of any such officer or person, arrest, without warrant, the offender and carry him before a court in the county wherein such arrest is made. Any person or persons who shall, by threat