35 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,866 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,014 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"
Williams v. Borough of West Chester
891 F.2d 458 (3d Cir. 1989) Cited 3,115 times 1 Legal Analyses
Holding that municipalities "cannot be vicariously liable under Monell unless one of [their] employees is primarily liable under 1983 itself"
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,653 times 16 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Hangarter v. Provident Life and Acc. Ins. Co.
373 F.3d 998 (9th Cir. 2004) Cited 921 times 3 Legal Analyses
Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified
Marcus v. BMW of N. Am., LLC
687 F.3d 583 (3d Cir. 2012) Cited 654 times 60 Legal Analyses
Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23
Jenkins v. JP Morgan Chase Bank, N.A.
216 Cal.App.4th 497 (Cal. Ct. App. 2013) Cited 575 times 6 Legal Analyses
Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure
Pilgrim v. Universal Health Card, LLC
660 F.3d 943 (6th Cir. 2011) Cited 229 times 12 Legal Analyses
Holding that, evaluating potential class members' claims under Ohio's choice-of-law rules, the "laws of the potential class members' home States will govern their claims"
Gager v. Dell Fin. Servs., Llc.
727 F.3d 265 (3d Cir. 2013) Cited 186 times 25 Legal Analyses
Holding that the TCPA allows consumers to revoke prior express consent
Brown v. Fauver
819 F.2d 395 (3d Cir. 1987) Cited 217 times
Holding that a court could raise exhaustion sua sponte
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,220 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,849 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,800 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,646 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 984 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Martinez v. TD Bank USA, N.A.

35 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 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"

Holding that municipalities "cannot be vicariously liable under Monell unless one of [their] employees is primarily liable under 1983 itself"

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified

Holding that the party seeking class certification must demonstrate the putative class's conformance with Rule 23

Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

Holding that, evaluating potential class members' claims under Ohio's choice-of-law rules, the "laws of the potential class members' home States will govern their claims"

Holding that the TCPA allows consumers to revoke prior express consent

Holding that a court could raise exhaustion sua sponte

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

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Prohibiting unlawful business practices

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct