48 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,794 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"
Nissan Fire Marine Ins. Co. v. Fritz Co.
210 F.3d 1099 (9th Cir. 2000) Cited 4,313 times
Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,243 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Villiarimo v. Aloha Island Air, Inc.
281 F.3d 1054 (9th Cir. 2002) Cited 2,792 times
Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"
Carmen v. San Francisco Unified School Dist
237 F.3d 1026 (9th Cir. 2001) Cited 2,845 times 1 Legal Analyses
Holding that the district court is not required to comb the record for uncited evidence
Fuentes v. Perskie
32 F.3d 759 (3d Cir. 1994) Cited 3,756 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
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,529 times 11 Legal Analyses
Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
Keenan v. Allan
91 F.3d 1275 (9th Cir. 1996) Cited 2,130 times
Holding that it is not the district court's role “to scour the record in search of a genuine issue of triable fact”
Manatt v. Bank of America, NA
339 F.3d 792 (9th Cir. 2003) Cited 913 times 1 Legal Analyses
Holding that a 9-month lapse between the plaintiff's protected activity and the defendant's alleged adverse decision was too large to create an inference of a causal nexus
Board of Trustees v. Sweeney
439 U.S. 24 (1978) Cited 557 times
Noting that "the employer's burden is satisfied if he simply `explains what he has done' or `produces evidence of legitimate nondiscriminatory reasons'"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,115 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,435 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 10007 - Intake
Cal. Code Regs. tit. 2 § 10007 Cited 1 times
(a) To determine whether the department has jurisdiction over the conduct about which a person seeks to complain, or the respondent against whom the person seeks to file a complaint, the department shall screen pre-complaint inquiries requesting investigation by conducting an intake interview. (b) The department shall provide persons who file a pre-complaint inquiry with a confirmation of the receipt of their inquiry. The department will contact persons who have filed a pre-complaint inquiry to conduct

Mary B. Paydar et al v. Liberty Mutual Insurance Company

48 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 once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial or even baseless"

Holding that the district court is not required to comb the record for uncited evidence

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

Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Holding that it is not the district court's role “to scour the record in search of a genuine issue of triable fact”

Holding that a 9-month lapse between the plaintiff's protected activity and the defendant's alleged adverse decision was too large to create an inference of a causal nexus

Noting that "the employer's burden is satisfied if he simply `explains what he has done' or `produces evidence of legitimate nondiscriminatory reasons'"

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

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"