8 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,866 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 216,014 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 112,965 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
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"
T.W. Elec. Service v. Pacific Elec. Contr
809 F.2d 626 (9th Cir. 1987) Cited 9,856 times
Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"
El Pollo Loco, Inc. v. Hashim
316 F.3d 1032 (9th Cir. 2003) Cited 156 times
Holding the trial court did not abuse its discretion in considering a new argument raised in a reply brief so long as the adverse party is given an opportunity to respond
Baskin-Robbins Ice Cream v. D L Ice Cream
576 F. Supp. 1055 (E.D.N.Y. 1983) Cited 19 times
Holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,220 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Motor Works, LLC v. Safer Technologies, Inc. et al

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

Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"

Holding the trial court did not abuse its discretion in considering a new argument raised in a reply brief so long as the adverse party is given an opportunity to respond

Holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract

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