41 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 242,291 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,548 times   41 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. James v. New York Racing Ass'n

    233 F.3d 149 (2d Cir. 2000)   Cited 994 times   2 Legal Analyses
    Holding that although the plaintiff satisfied the minimal standard for a prima facie case and offered evidence that arguably would allow a factfinder to conclude that an employer's explanation was false, summary judgment was appropriate because the evidence was insufficient to show that discrimination was a reason for discharge
  4. Raskin v. the Wyatt Company

    125 F.3d 55 (2d Cir. 1997)   Cited 971 times   1 Legal Analyses
    Holding that it is appropriate for the district court to determine the admissibility of scientific and other evidence and to rely only on admissible evidence in ruling on summary judgment
  5. Brady v. Town of Colchester

    863 F.2d 205 (2d Cir. 1988)   Cited 872 times
    Holding that "a trier of fact could conclude that" there was "no rational basis" for a zoning board's revocation of a landowner's building permit, where the board lacked authority under state law for such revocation
  6. White v. ABCO Engineering Corp.

    221 F.3d 293 (2d Cir. 2000)   Cited 336 times
    Affirming summary judgment against PLA claim because manufacturer placed pictorial warnings in "prominent places on the machine"
  7. Nora Beverages, Inc. v. Perrier Group of America, Inc.

    269 F.3d 114 (2d Cir. 2001)   Cited 296 times   2 Legal Analyses
    Finding mark commercially weak due to low commercial success, low advertising spending relative to competitors, and sale of the mark to a third party
  8. Woods v. Interstate Realty Co.

    337 U.S. 535 (1949)   Cited 404 times   1 Legal Analyses
    Holding diversity case must be dismissed based on state statute that, by its terms, governed only proceedings in state court
  9. Virgin Atlantic Airways Ltd. v. British Airways PLC

    257 F.3d 256 (2d Cir. 2001)   Cited 158 times
    Holding that “expert testimony rooted in hypothetical assumptions cannot substitute for actual market data” when showing an actual adverse effect on price
  10. Manshion Joho Center Co. v. Manshion Joho Center, Inc.

    24 A.D.3d 189 (N.Y. App. Div. 2005)   Cited 69 times

    7301, 7301A. December 8, 2005. Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered June 22, 2004, after a nonjury trial, as amended by order of the same court and Justice, entered October 18, 2004, which awarded plaintiff damages in the amount of $2,127,407.11 against defendants Nomura Suzuki Properties, Ltd. and Sam Suzuki, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered September 21, 2004, unanimously dismissed, without costs, as subsumed

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,370 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  15. Section 5-1401 - Choice of law

    N.Y. Gen. Oblig. Law § 5-1401   Cited 106 times   7 Legal Analyses
    Recognizing contracting parties' choice of New York law to govern certain major transactions