17 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 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 216,278 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"
Oracle Corp. Sec. Lit. v. Oracle Corp.
627 F.3d 376 (9th Cir. 2010) Cited 2,463 times 1 Legal Analyses
Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices
Bhan v. NME Hospitals, Inc.
929 F.2d 1404 (9th Cir. 1991) Cited 1,535 times 1 Legal Analyses
Holding even discovery sanctions nondispositive
Johnson v. City of Loma Linda
24 Cal.4th 61 (Cal. 2000) Cited 590 times 1 Legal Analyses
Holding that an administrative finding is binding on subsequent FEHA claims when an employee pursues administrative remedies, receives an adverse finding, and fails to have the finding set aside through a successful mandate action in superior court
McBride v. Boughton
123 Cal.App.4th 379 (Cal. Ct. App. 2004) Cited 481 times
Holding that common count will "stand or fall" with cause of action seeking the same recovery
Hatfield v. Halifax PLC & HBOS PLC
564 F.3d 1177 (9th Cir. 2009) Cited 125 times 1 Legal Analyses
Holding class-action tolling does not apply where the plaintiff seeks "to use a class action filed in one jurisdiction to toll an action later filed in another"
Ellenburg v. Brockway, Inc.
763 F.2d 1091 (9th Cir. 1985) Cited 206 times
Holding equitable estoppel may be asserted against employer to establish eligibility for benefits or to demonstrate that application for benefits had been approved, but finding necessary elements of estoppel not present
In re Estate of Kampen
201 Cal.App.4th 971 (Cal. Ct. App. 2011) Cited 66 times
Holding that lost opportunity damages are not available as a remedy against a personal representative who had failed to timely distribute estate assets
Gerlinger v. Amazon.com, Inc.
311 F. Supp. 2d 838 (N.D. Cal. 2004) Cited 56 times
Noting the broad interpretation of "assets" in the Ninth Circuit which includes "sales routes and sales volumes" and distribution rights
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1638 - Language governs interpretation
Cal. Civ. Code § 1638 Cited 1,357 times
Governing interpretation of contracts

Microtechnologies, Llc v. Autonomy, Inc. et al

17 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 an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices

Holding even discovery sanctions nondispositive

Holding that an administrative finding is binding on subsequent FEHA claims when an employee pursues administrative remedies, receives an adverse finding, and fails to have the finding set aside through a successful mandate action in superior court

Holding that common count will "stand or fall" with cause of action seeking the same recovery

Holding class-action tolling does not apply where the plaintiff seeks "to use a class action filed in one jurisdiction to toll an action later filed in another"

Holding equitable estoppel may be asserted against employer to establish eligibility for benefits or to demonstrate that application for benefits had been approved, but finding necessary elements of estoppel not present

Holding that lost opportunity damages are not available as a remedy against a personal representative who had failed to timely distribute estate assets

Noting the broad interpretation of "assets" in the Ninth Circuit which includes "sales routes and sales volumes" and distribution rights

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

Governing interpretation of contracts