§Why CasetextPricing

Perry v. Kirby Offshore Marine Hawaii, Inc.

MOTION for Partial Summary Judgment Normand R. Lezy appearing for Defendant Kirby Offshore Marine Hawaii, Inc.

25 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 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 216,328 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. Soremekun v. Thrifty Payless

    509 F.3d 978 (9th Cir. 2007)   Cited 2,256 times   1 Legal Analyses
    Holding that speculative testimony is insufficient to defeat summary judgment

  4. Mitchell v. Trawler Racer, Inc.

    362 U.S. 539 (1960)   Cited 772 times
    Holding that shipowner's actual or constructive notice of a temporary unseaworthy condition is not required to support liability for unseaworthiness

  5. Nidds v. Schindler Elevator Corp.

    103 F.3d 854 (9th Cir. 1996)   Cited 762 times   2 Legal Analyses
    Holding that comments such as "old timers" and "we don't necessarily like grey hair" do not necessarily defeat summary judgment in age-discrimination cases

  6. Woods v. City of Chicago

    234 F.3d 979 (7th Cir. 2000)   Cited 662 times
    Holding that "report from a single, credible" witness can be basis for probable cause

  7. Usner v. Luckenbach Overseas Corp.

    400 U.S. 494 (1971)   Cited 369 times
    Holding that a vessel is not rendered unseaworthy as a result of “the instantaneous negligence of stevedores”

  8. Hansen v. U.S.

    7 F.3d 137 (9th Cir. 1993)   Cited 611 times
    Holding that Certificate of Assessment on Form 4340 is probative evidence in and of itself and, in the absence of contrary evidence, shows that notices and assessments were properly made

  9. Commodity Futures Trading Com'n v. Savage

    611 F.2d 270 (9th Cir. 1980)   Cited 815 times
    Holding that "an action for injunctive relief by the [US]CFTC under section 40 requires only that the violator have acted intentionally. That is, he must have intended to employ the 'device, scheme, or artifice' but it is not necessary that he know that its result will be to defraud the client or prospective client."

  10. Brinson v. Linda Rose Joint Venture

    53 F.3d 1044 (9th Cir. 1995)   Cited 476 times
    Holding that an order granting summary judgement is reviewed de novo

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 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 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,107 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,525 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  14. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,092 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  15. Section 30104 - Personal injury to or death of seamen

    46 U.S.C. § 30104   Cited 992 times   12 Legal Analyses
    Granting injured seamen a right to a jury trial in Jones Act cases