167 Cited authorities

  1. 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"
  2. 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"
  3. 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
  4. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,414 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
  5. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,312 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
  6. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,202 times   5 Legal Analyses
    Holding that while Federal Rule of Civil Procedure 23.1 establishes procedural requirements concerning the "adequacy of the shareholder representative's pleadings," state law governs the substance of the demand requirement
  7. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,165 times   28 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"
  8. O'Melveny & Myers v. Federal Deposit Insurance

    512 U.S. 79 (1994)   Cited 889 times   3 Legal Analyses
    Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute
  9. Fla. Avocado Growers v. Paul

    373 U.S. 132 (1963)   Cited 1,567 times   3 Legal Analyses
    Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations
  10. United States v. Kimbell Foods, Inc.

    440 U.S. 715 (1979)   Cited 863 times   2 Legal Analyses
    Holding that state law should be adopted as federal rule for establishing priority between competing federal and private liens since uniform federal rule was not necessary to protect federal interests
  11. 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
  12. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,125 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"
  13. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,265 times   128 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act
  14. Section 9607 - Liability

    42 U.S.C. § 9607   Cited 3,262 times   63 Legal Analyses
    Holding certain listed persons strictly "liable" for specified cleanup costs
  15. Section 9613 - Civil proceedings

    42 U.S.C. § 9613   Cited 2,174 times   36 Legal Analyses
    Granting federal district courts "exclusive original jurisdiction" of CERCLA actions
  16. Rule 43 - Substitution of Parties

    Fed. R. App. P. 43   Cited 848 times   2 Legal Analyses
    Providing for automatic substitution of a public officer's successor
  17. Section 8106 - Actions subject to 3-year limitation

    Del. Code tit. 10 § 8106   Cited 837 times   12 Legal Analyses
    Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"
  18. Section 9605 - National contingency plan

    42 U.S.C. § 9605   Cited 402 times
    Recognizing the EPA as the agency to establish procedures and standards
  19. Section 211 - Actions to be commenced within twenty years

    N.Y. CPLR 211   Cited 188 times   1 Legal Analyses
    Providing for a twenty-year prescription on money judgments
  20. Section 278 - Continuation of corporation after dissolution for purposes of suit and winding up affairs

    Del. Code tit. 8 § 278   Cited 173 times   7 Legal Analyses

    All corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued, for the term of 3 years from such expiration or dissolution or for such longer period as the Court of Chancery shall in its discretion direct, bodies corporate for the purpose of prosecuting and defending suits, whether civil, criminal or administrative, by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property