31 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 210,756 times   33 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 194,439 times   30 Legal Analyses
    Holding that there cannot be a genuine issue of material fact where the nonmoving party fails to make a sufficient showing to establish the existence of an essential element
  3. Scott v. Harris

    550 U.S. 372 (2007)   Cited 5,140 times   11 Legal Analyses
    Holding that "[a]t the summary judgment stage, facts must be viewed in the light most favorable to the nonmoving party only if there is a 'genuine' dispute as to those facts, and that where a video depicts facts in such a clear manner that "no reasonable jury" could have believed "a different story," then the court must "view the facts in the light depicted by the videotape"
  4. Clark v. Coats Clark, Inc.

    929 F.2d 604 (11th Cir. 1991)   Cited 3,403 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"
  5. Hairston v. Gainesville Sun Pub. Co.

    9 F.3d 913 (11th Cir. 1994)   Cited 1,433 times
    Holding that a thirty-day suspension without pay was an adverse employment action
  6. Osorio v. State Farm Bank

    746 F.3d 1242 (11th Cir. 2014)   Cited 161 times   29 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
  7. Mais v. Gulf Coast Collection Bureau, Inc.

    768 F.3d 1110 (11th Cir. 2014)   Cited 104 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
  8. Kaplan v. Assetcare, Inc.

    88 F. Supp. 2d 1355 (S.D. Fla. 2000)   Cited 145 times
    Holding that some FDCPA claims related to letters falling within the one year statute of limitations were not time-barred, while some claims based on letters sent more than a year before the complaint was filed were time-barred
  9. Hall v. Sunjoy Industries Group, Inc.

    764 F. Supp. 2d 1297 (M.D. Fla. 2011)   Cited 101 times
    Noting that the plaintiffs "appear to attempt to avoid Sunjoy's summary judgment motion by filing a motion to dismiss without prejudice."
  10. Alea London Ltd. v. American Home Services, Inc.

    638 F.3d 768 (11th Cir. 2011)   Cited 83 times
    Holding that the treble damages TCPA requires mere "knowing" conduct, not wanton or malicious conduct
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 290,831 times   130 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 13,663 times   126 Legal Analyses
    Finding existing laws and procedures inadequate to protect consumers
  13. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 5,666 times   79 Legal Analyses
    Defining "debt collector" under the FDCPA as "any person . . . who regularly collects or attempts to collect . . . debts owed . . . another"
  14. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 4,920 times   645 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  15. Section 559.72 - Prohibited practices generally

    Fla. Stat. § 559.72   Cited 424 times   7 Legal Analyses
    Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"
  16. Section 559.55 - Definitions

    Fla. Stat. § 559.55   Cited 304 times   7 Legal Analyses
    Including "debtor" in the same definition
  17. Section 559.77 - Civil remedies

    Fla. Stat. § 559.77   Cited 221 times   8 Legal Analyses
    Establishing a two-year statute of limitations for claims under the FCCPA
  18. Section 682.411 - Lender due diligence in collecting guaranty agency loans

    34 C.F.R. § 682.411   Cited 42 times   1 Legal Analyses
    Preempting "any State law, including State statutes, regulations, or rules, that would conflict with or hinder satisfaction of the requirements or frustrate the purposes of this section."
  19. Section 682.400 - Agreements between a guaranty agency and the Secretary

    34 C.F.R. § 682.400   Cited 17 times
    Requiring that a guarantee agency enter into four specific agreements with the DOE before it may participate in the FFELP
  20. 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