126 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 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 216,254 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,092 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,909 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
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
Milkovich v. Lorain Journal
497 U.S. 1 (1990) Cited 1,703 times 13 Legal Analyses
Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,408 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Baxter v. Palmigiano
425 U.S. 308 (1976) Cited 2,604 times 8 Legal Analyses
Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
Bose Corp. v. Consumers Union
466 U.S. 485 (1984) Cited 1,618 times 5 Legal Analyses
Holding that the clear-error standard "does not inhibit an appellate court's power to correct errors of law, including ... a finding of fact that is predicated on a misunderstanding of the governing rule of law"
Harte-Hanks Communications v. Connaughton
491 U.S. 657 (1989) Cited 909 times 4 Legal Analyses
Holding that the standard for "reckless disregard" for the truth in a defamation action by a public figure "is a subjective one," requiring that "the defendant in fact entertained serious doubts as to the truth of his publication," or that "the defendant actually had a high degree of awareness of . . . probable falsity"
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

Montgomery v. Risen et al

126 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, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

Holding that the clear-error standard "does not inhibit an appellate court's power to correct errors of law, including ... a finding of fact that is predicated on a misunderstanding of the governing rule of law"

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