35 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,007 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"
New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,638 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,860 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
MGIC Indem. Co. v. Weisman
803 F.2d 500 (9th Cir. 1986) Cited 1,958 times
Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege
Hamilton v. State Farm Fire Cas. Co.
270 F.3d 778 (9th Cir. 2001) Cited 928 times 1 Legal Analyses
Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”
IN THE MATTER OF COASTAL PLAINS, INC. v. MIMS
179 F.3d 197 (5th Cir. 1999) Cited 982 times 2 Legal Analyses
Holding that a debtor has duty to disclose all potential causes of action
Turner v. Cook
362 F.3d 1219 (9th Cir. 2004) Cited 543 times 1 Legal Analyses
Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation
Burnes v. Pemco Aeroplex, Inc.
291 F.3d 1282 (11th Cir. 2002) Cited 573 times 4 Legal Analyses
Holding that "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"
Oneida Motor Freight v. United Jersey Bank
848 F.2d 414 (3d Cir. 1988) Cited 634 times
Holding that “we cannot overemphasize the debtor's obligation” to provide full disclosure
Cusano v. Klein
264 F.3d 936 (9th Cir. 2001) Cited 381 times 1 Legal Analyses
Holding that, while a debtors must “be as particular as is reasonable under the circumstances” there are “no brightline rules for how much itemization and specificity is required,” and where the value of assets are unknown, “a simple statement to that effect will suffice”
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,102 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,500 times 76 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 554 - Abandonment of property of the estate
11 U.S.C. § 554 Cited 2,663 times 7 Legal Analyses
Providing that property that isn't administered and is not abandoned remains the property of the estate
Section 323 - Role and capacity of trustee
11 U.S.C. § 323 Cited 1,278 times 4 Legal Analyses
Stating trustee is representative of estate, with capacity to sue and be sued
Section 760 - Defined
Cal. Fam. Code § 760 Cited 397 times 2 Legal Analyses
Describing community-property presumption

Rebecca Yam v. Rite Aid Corporation

35 Cited authorities

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 under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”

Holding that a debtor has duty to disclose all potential causes of action

Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation

Holding that "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"

Holding that “we cannot overemphasize the debtor's obligation” to provide full disclosure

Holding that, while a debtors must “be as particular as is reasonable under the circumstances” there are “no brightline rules for how much itemization and specificity is required,” and where the value of assets are unknown, “a simple statement to that effect will suffice”

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

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Providing that property that isn't administered and is not abandoned remains the property of the estate

Stating trustee is representative of estate, with capacity to sue and be sued

Describing community-property presumption