§Why CasetextPricing

Porter v. Aar Aircraft Services, Inc.

MOTION for Summary Judgment

29 Cited authorities

  1. 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"

  2. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,356 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  3. Peironnet v. Matador Res. Co.

    144 So. 3d 791 (La. 2013)   Cited 127 times
    Defining cause as "the reason [a party] consented to bind himself"

  4. Southeast v. Prime

    462 F.3d 666 (6th Cir. 2006)   Cited 146 times
    Holding plaintiff failed to state a claim where it was a “consensual contract setting in which sophisticated parties negotiated and entered into the Lease with full knowledge of its terms”

  5. Quebedeaux v. Dow Chemical Company

    820 So. 2d 542 (La. 2002)   Cited 84 times

    No. 2001-C-2297 June 21, 2002 ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF IBERVILLE Karen E. Dugas, Esq., Gregory E. Bodin, Esq., John S. Tharp, Esq., TAYLOR, PORTER, BROOKS PHILLIPS; Counsel for Applicant Neil D. Sweeney, Esq., Kenner O. Miller, Jr. Esq., SWEENEY MILLER; Allen J. Myles, Esq., Counsel for Respondent Harry A. Johnson, III Esq., Charles S. McCowan, Jr. Esq., Shannan S. Rieger, Esq., Counsel for Louisiana Chemical Association (Amicus Curiae) D. Scott Landry

  6. Sun Drilling v. Rayborn

    798 So. 2d 1141 (La. Ct. App. 2001)   Cited 64 times
    Explaining that "fraud in the inducement of a contract cannot be waived," and that "although the warranty against redhibitory defects may be excluded or limited, a seller cannot contract against his own fraud and relieve himself of liability to fraudulently induced buyers"

  7. Stockstill v. C.F. Indus.

    665 So. 2d 802 (La. Ct. App. 1995)   Cited 59 times
    Upholding award of $150,000 in general damages for a torn ACL that required surgery

  8. Cyprien v. Bd. of Sup'rs U. of La.

    5 So. 3d 862 (La. 2009)   Cited 26 times
    Discussing failure of cause under the Louisiana Civil Code

  9. Moling v. O'Reilly Automotive, Inc.

    763 F. Supp. 2d 956 (W.D. Tenn. 2011)   Cited 17 times
    Finding that employer's proffered reason for the plaintiff's transfer to the only other store in order to separate her from her supervisors about which she had complained was not pretext for retaliation

  10. Vencor, Inc. v. Standard Life and Acc. Ins. Co.

    317 F.3d 629 (6th Cir. 2003)   Cited 25 times
    Rejecting health care provider's estoppel argument because plan document that allegedly contained promise of coverage expressly said that statements contained therein were not controlling

  11. 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

  12. Section 23:631 - Discharge or resignation of employees; payment after termination of employment

    La. Stat. tit. 23 § 631   Cited 588 times   3 Legal Analyses

    A. (1) (a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first. (b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty

  13. Section 23:632 - Liability of employer for failure to pay; attorney fees; good-faith exception

    La. Stat. tit. 23 § 632   Cited 401 times   1 Legal Analyses
    Providing that "Reasonable attorney fees shall be allowed the laborer or employee by the court which shall be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid wages whatsoever be filed by the laborer or employee ..."

  14. Section 1948 - Vitiated consent

    La. Civ. Code art. 1948   Cited 76 times

    Consent may be vitiated by error, fraud, or duress. La. C.C. § 1948 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.

  15. Section 1767 - Suspensive and resolutory condition

    La. Civ. Code art. 1767   Cited 60 times

    A conditional obligation is one dependent on an uncertain event. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory. La. C.C. § 1767 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.

  16. Section 1949 - Error vitiates consent

    La. Civ. Code art. 1949   Cited 50 times

    Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party. La. C.C. § 1949 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.

  17. Section 1947 - Form contemplated by parties

    La. Civ. Code art. 1947   Cited 42 times

    When, in the absence of a legal requirement, the parties have contemplated a certain form, it is presumed that they do not intend to be bound until the contract is executed in that form. La. C.C. § 1947 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.