76 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,819 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 215,979 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 112,942 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. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,228 times   224 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  5. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,620 times   504 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  6. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,516 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  7. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,814 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  8. T.W. Elec. Service v. Pacific Elec. Contr

    809 F.2d 626 (9th Cir. 1987)   Cited 9,855 times
    Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"
  9. Nissan Fire Marine Ins. Co. v. Fritz Co.

    210 F.3d 1099 (9th Cir. 2000)   Cited 4,314 times
    Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
  10. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,243 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,992 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,538 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  15. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,731 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness
  16. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,840 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  17. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,581 times   251 Legal Analyses
    Adopting the Daubert standard
  18. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,006 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
  19. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,542 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  20. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,344 times   108 Legal Analyses
    Providing discretion to hear an appeal from a remand order
  21. Section 11070 - Order Regulating Wages, Hours, and Working Conditions in the Mercantile Industry

    Cal. Code Regs. tit. 8 § 11070   Cited 237 times   13 Legal Analyses
    Requiring pay "[i]f an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting"
  22. Section 11010 - Order Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry

    Cal. Code Regs. tit. 8 § 11010   Cited 120 times   4 Legal Analyses
    Requiring employers to pay to each employee "not less than the applicable minimum wage for all hours worked in the payroll period"