56 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,794 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"
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,241 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Clark Cty. Sch. Dist. v. Breeden
532 U.S. 268 (2001) Cited 5,351 times 12 Legal Analyses
Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
McCoy v. Shreveport
492 F.3d 551 (5th Cir. 2007) Cited 1,620 times 3 Legal Analyses
Holding that the plaintiff did not suffer a legally actionable adverse employment action necessary for her discrimination claim because the summary judgment evidence showed that she retired voluntarily, not as the result of a constructive discharge
Fontenot v. Upjohn Co.
780 F.2d 1190 (5th Cir. 1986) Cited 2,620 times
Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
Lee v. Kansas
574 F.3d 253 (5th Cir. 2009) Cited 927 times 3 Legal Analyses
Holding that the infraction record of employees must be "comparable" in order for them to be similarly situated
Thompson v. City of Waco
764 F.3d 500 (5th Cir. 2014) Cited 651 times 5 Legal Analyses
Holding that adverse employment actions only include "ultimate employment decisions such as hiring, firing, demoting, promoting, granting leave, and compensating"
Okoye v. University of Texas Houston Health
245 F.3d 507 (5th Cir. 2001) Cited 971 times
Holding plaintiff was not similarly situated to others who committed similar violations because unlike him, they had not previously assaulted a co-worker
Shackelford v. Deloitte Touche
190 F.3d 398 (5th Cir. 1999) Cited 907 times
Holding that evidence of tight temporal proximity, unfounded performance concerns, warnings from other employees not to engage in the protected activity, and disparate treatment was enough to create an issue of fact regarding pretext
Manning v. Chevron Chem. Co., LLC
332 F.3d 874 (5th Cir. 2003) Cited 676 times
Holding that evidence of a pattern of failure to promote African American males to managerial or supervisory positions is not sufficient to demonstrate pretext
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,115 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Moore v. Capital One NA

56 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 limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"

Holding that the plaintiff did not suffer a legally actionable adverse employment action necessary for her discrimination claim because the summary judgment evidence showed that she retired voluntarily, not as the result of a constructive discharge

Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"

Holding that the infraction record of employees must be "comparable" in order for them to be similarly situated

Holding that adverse employment actions only include "ultimate employment decisions such as hiring, firing, demoting, promoting, granting leave, and compensating"

Holding plaintiff was not similarly situated to others who committed similar violations because unlike him, they had not previously assaulted a co-worker

Holding that evidence of tight temporal proximity, unfounded performance concerns, warnings from other employees not to engage in the protected activity, and disparate treatment was enough to create an issue of fact regarding pretext

Holding that evidence of a pattern of failure to promote African American males to managerial or supervisory positions is not sufficient to demonstrate pretext

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