11 Cited authorities

Zoslaw v. MCA Distributing Corp.
693 F.2d 870 (9th Cir. 1982) Cited 708 times
Holding that the “flow of commerce ends when goods reach their intended destination”
Latman v. Burdette
366 F.3d 774 (9th Cir. 2004) Cited 195 times
Holding that "the bankruptcy court may equitably surcharge a debtor's statutory exemptions when reasonably necessary both to protect the integrity of the bankruptcy process and to ensure that a debtor exempts an amount no greater than what is permitted by the exemption scheme of the Bankruptcy Code"
Neff v. World Publishing Co.
349 F.2d 235 (8th Cir. 1965) Cited 58 times
Applying Nebraska law
Doff v. Brunswick Corp.
372 F.2d 801 (9th Cir. 1967) Cited 51 times
Referring to the "rule of liberal construction of a counter affiant's papers"
Robinson v. Union Carbide Corp.
805 F. Supp. 514 (E.D. Tenn. 1991) Cited 9 times
Holding that the opponent of a motion for summary judgment cannot survive it "merely by restating his conclusory allegations in affidavit form, or by presuming the existence of material facts."
Lark v. West
182 F. Supp. 794 (D.D.C. 1960) Cited 12 times
Civ. A. No. 3092-59. March 2, 1960. James J. Laughlin, Washington, D.C. for plaintiff. Roger Robb, Washington, D.C. for defendants. LEONARD P. WALSH, District Judge. This case comes before the Court upon a motion for summary judgment based upon the pleadings on file in this action, and the affidavits and pleadings on file in Civil Action No. 1288-58 of this Court, In re Petition of Edwin F. Lark. The Court has heard oral argument and has reviewed all of the pleadings, exhibits and affidavits constituting
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,885 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,394 times 34 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,662 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,503 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Mcdonald v. Experian Llc et al

11 Cited authorities

Holding that the “flow of commerce ends when goods reach their intended destination”

Applying Nebraska law

Referring to the "rule of liberal construction of a counter affiant's papers"

Holding that the opponent of a motion for summary judgment cannot survive it "merely by restating his conclusory allegations in affidavit form, or by presuming the existence of material facts."

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

Holding that a party may be barred from using a witness if it fails to disclose the witness

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Recognizing exception to rule against hearsay for records of regularly conducted activities

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"