§Why CasetextPricing

Mirabilis Ventures, Inc. et al v. Palaxar Group, LLC et al

MOTION for summary judgment against Edith Curry and Frank Hailstones and Incorporated Memorandum of Law

35 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,111 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"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 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"

  3. Gertz v. Robert Welch, Inc.

    418 U.S. 323 (1974)   Cited 3,874 times   17 Legal Analyses
    Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

  4. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,776 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  5. Garrison v. Louisiana

    379 U.S. 64 (1964)   Cited 1,453 times   3 Legal Analyses
    Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”

  6. PNR, Inc. v. Beacon Property Management, Inc.

    842 So. 2d 773 (Fla. 2003)   Cited 244 times   3 Legal Analyses
    Holding that a deception occurs under FDUTPA if a consumer, acting reasonably under the circumstances, is misled

  7. Ethan Allen, Inc. v. Georgetown Manor

    647 So. 2d 812 (Fla. 1995)   Cited 285 times   2 Legal Analyses
    Holding that furniture company's relationship with its 89,000 past customers was not one upon which a tortious interference claim could be based because the company's hope that some of its past customers would continue to buy furniture from it was mere "speculation"

  8. Levin, Middlebrooks v. U.S. Fire Ins. Co.

    639 So. 2d 606 (Fla. 1994)   Cited 197 times   2 Legal Analyses
    Holding that the litigation privilege applies to conduct during and in relation to "a judicial proceeding" generally without any hint of a geographic limitation

  9. Waldbaum v. Fairchild Publications, Inc.

    627 F.2d 1287 (D.C. Cir. 1980)   Cited 269 times
    Finding that a trade publication's story regarding the ouster of a company's president and CEO did relate to a matter of public concern, since the company "was an innovative company often the subject of news reports"

  10. Tamiami Trail Tours, Inc. v. Cotton

    463 So. 2d 1126 (Fla. 1985)   Cited 218 times   1 Legal Analyses
    Holding that the defendant could not be found liable under a theory of vicarious liability that was not specifically pleaded in the complaint

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,601 times   62 Legal Analyses
    Allowing "renewed motion"