31 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,698 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 215,883 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"
Scott v. Harris
550 U.S. 372 (2007) Cited 11,637 times 11 Legal Analyses
Holding that, where a video- whose authenticity the plaintiff hadn't attacked-"so utterly discredited" the plaintiff's version of events, "the Court of Appeals should not have relied on such visible fiction [as the plaintiff's testimony]; it should have viewed the facts in the light depicted by the videotape."
Clark v. Coats Clark, Inc.
929 F.2d 604 (11th Cir. 1991) Cited 3,830 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"
Hairston v. Gainesville Sun Pub. Co.
9 F.3d 913 (11th Cir. 1994) Cited 1,601 times
Holding that a thirty-day suspension without pay was an adverse employment action
Osorio v. State Farm Bank
746 F.3d 1242 (11th Cir. 2014) Cited 186 times 33 Legal Analyses
Holding that summary judgment was inappropriate because the plaintiff said he told the caller to "stop calling," and the caller said the plaintiff never said such a thing
Hall v. Sunjoy Industries Group, Inc.
764 F. Supp. 2d 1297 (M.D. Fla. 2011) Cited 157 times
Noting that the plaintiffs "appear to attempt to avoid Sunjoy's summary judgment motion by filing a motion to dismiss without prejudice."
Mais v. Gulf Coast Collection Bureau, Inc.
768 F.3d 1110 (11th Cir. 2014) Cited 112 times 13 Legal Analyses
Holding that summary judgment was appropriate because there was no factual dispute over whether the plaintiff's wife provided his phone number on a hospital admission form
Kaplan v. Assetcare, Inc.
88 F. Supp. 2d 1355 (S.D. Fla. 2000) Cited 157 times
Holding that complaint was filed within statute of limitations where four of debt collection service's dunning letters to debtor fell within statutory period, although first letter was filed outside the limitations period
Lary v. Trinity Physician Fin. & Ins. Servs.
780 F.3d 1101 (11th Cir. 2015) Cited 100 times 2 Legal Analyses
Finding the plaintiff "was not entitled to an injunction" where he failed to establish "the inadequacy of his remedy at law"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 327,983 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,972 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,209 times 83 Legal Analyses
Defining debt collector
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,642 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 559.72 - Prohibited practices generally
Fla. Stat. § 559.72 Cited 467 times 7 Legal Analyses
Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"
Section 559.55 - Definitions
Fla. Stat. § 559.55 Cited 329 times 7 Legal Analyses
Including "debtor" in the same definition
Section 559.77 - Civil remedies
Fla. Stat. § 559.77 Cited 251 times 9 Legal Analyses
Establishing a two-year statute of limitations for claims under the FCCPA
Section 682.411 - Lender due diligence in collecting guaranty agency loans
34 C.F.R. § 682.411 Cited 46 times 1 Legal Analyses
Mandating that lenders perform "collection efforts" including telephone contacts and frequent mail notices
Section 682.400 - Agreements between a guaranty agency and the Secretary
34 C.F.R. § 682.400 Cited 20 times
Requiring that a guarantee agency enter into four specific agreements with the DOE before it may participate in the FFELP
Section 682.409 - Mandatory assignment by guaranty agencies of defaulted loans to the Secretary
34 C.F.R. § 682.409 Cited 12 times
Requiring the guaranty agency to submit, among other things, the promissory note, a written assignment, the loan application, payment and collection histories, and disbursement records

McCaskill v. Navient Solutions, Inc.

31 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 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 thirty-day suspension without pay was an adverse employment action

Holding that summary judgment was inappropriate because the plaintiff said he told the caller to "stop calling," and the caller said the plaintiff never said such a thing

Noting that the plaintiffs "appear to attempt to avoid Sunjoy's summary judgment motion by filing a motion to dismiss without prejudice."

Holding that summary judgment was appropriate because there was no factual dispute over whether the plaintiff's wife provided his phone number on a hospital admission form

Holding that complaint was filed within statute of limitations where four of debt collection service's dunning letters to debtor fell within statutory period, although first letter was filed outside the limitations period

Finding the plaintiff "was not entitled to an injunction" where he failed to establish "the inadequacy of his remedy at law"

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

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Defining debt collector

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

Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"

Including "debtor" in the same definition

Establishing a two-year statute of limitations for claims under the FCCPA

Mandating that lenders perform "collection efforts" including telephone contacts and frequent mail notices

Requiring that a guarantee agency enter into four specific agreements with the DOE before it may participate in the FFELP

Requiring the guaranty agency to submit, among other things, the promissory note, a written assignment, the loan application, payment and collection histories, and disbursement records