25 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
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,090 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Evans v. City of Houston
246 F.3d 344 (5th Cir. 2001) Cited 848 times
Holding that a plaintiff had provided sufficient circumstantial evidence that an employer's reasons for demoting her were pretextual to create a genuine dispute of material fact regarding whether she was wrongfully demoted and reversing the district court's grant of summary judgment for the employer
Goldberg v. Whitaker House Coop
366 U.S. 28 (1961) Cited 699 times 6 Legal Analyses
Holding that the test of employment under the FLSA is the economic reality test
Willis v. Roche Biomedical Laboratories, Inc.
61 F.3d 313 (5th Cir. 1995) Cited 713 times 1 Legal Analyses
Finding no preemption of state law defamation claim where plaintiff was placed on restrictive work leave for positive drug testing, because the claim did not require interpretation of the CBA, even though the CBA governed plaintiffs employment and included a substance abuse policy
Falk v. Brennan
414 U.S. 190 (1973) Cited 396 times 3 Legal Analyses
Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA
Fields v. City of S. Houston
922 F.2d 1183 (5th Cir. 1991) Cited 673 times
Holding that there is no § 1983 cause of action for false arrest unless the arresting officer lacked probable cause
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
Williams v. Henagan
595 F.3d 610 (5th Cir. 2010) Cited 210 times
Holding that when plaintiff "was incarcerated when he brought this suit ... [his] release during the pendency of the suit does not relieve him the obligation to comply with 42 U.S.C. § 1997e ['s exhaustion requirements]"
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
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,373 times 140 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,791 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Markos George v. go Frac, Llc., et al

25 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, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding that the test of employment under the FLSA is the economic reality test

Finding no preemption of state law defamation claim where plaintiff was placed on restrictive work leave for positive drug testing, because the claim did not require interpretation of the CBA, even though the CBA governed plaintiffs employment and included a substance abuse policy

Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA

Holding that there is no § 1983 cause of action for false arrest unless the arresting officer lacked probable cause

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

Holding that when plaintiff "was incarcerated when he brought this suit ... [his] release during the pendency of the suit does not relieve him the obligation to comply with 42 U.S.C. § 1997e ['s exhaustion requirements]"

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

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable