27 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 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 216,978 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. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,305 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  4. Soremekun v. Thrifty Payless

    509 F.3d 978 (9th Cir. 2007)   Cited 2,268 times   1 Legal Analyses
    Holding that speculative testimony is insufficient to defeat summary judgment
  5. Brooks v. City of San Mateo

    229 F.3d 917 (9th Cir. 2000)   Cited 1,385 times   8 Legal Analyses
    Holding that a similar single instance of sexual harassment was not sufficiently severe or pervasive to establish a hostile work environment claim
  6. Roby v. McKesson Corp.

    47 Cal.4th 686 (Cal. 2009)   Cited 526 times   5 Legal Analyses
    Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
  7. Romano v. Rockwell Internat., Inc.

    14 Cal.4th 479 (Cal. 1996)   Cited 579 times
    Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
  8. White v. Ultramar, Inc.

    21 Cal.4th 563 (Cal. 1999)   Cited 463 times   4 Legal Analyses
    Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"
  9. Richards v. CH2M Hill, Inc.

    26 Cal.4th 798 (Cal. 2001)   Cited 392 times   4 Legal Analyses
    Holding that, in the context of FEHA claims, "[i]f the employer has made clear in word and deed that the employee's attempted further reasonable accommodation is futile, then the employee is on notice that litigation, not informal conciliation, is the only alternative for the vindication of his or her rights"
  10. Rodriguez v. Airborne Express

    265 F.3d 890 (9th Cir. 2001)   Cited 352 times
    Holding that plaintiff's race-based discrimination claim would not reasonably trigger an investigation of disability discrimination, as the "two claims involve totally different kinds of allegedly improper conduct, and investigation into one claim would not likely lead to investigation of the other"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 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 2601 - Findings and purposes

    29 U.S.C. § 2601   Cited 7,661 times   39 Legal Analyses
    Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,806 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  14. Section 825.216 - Limitations on an employee's right to reinstatement

    29 C.F.R. § 825.216   Cited 578 times   12 Legal Analyses
    Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"
  15. Section 825.305 - Certification, general rule

    29 C.F.R. § 825.305   Cited 430 times   14 Legal Analyses
    Requiring that when an "employer requests certification, the employer must also advise an employee of the anticipated consequences of an employee's failure to provide adequate certification"
  16. Section 825.312 - Fitness-for-duty certification

    29 C.F.R. § 825.312   Cited 122 times   7 Legal Analyses
    Authorizing fitness-for-duty exams that are required as part of employer's "uniformly-applied policy or practice"
  17. Section 825.310 - Certification for leave taken to care for a covered servicemember (military caregiver leave)

    29 C.F.R. § 825.310   Cited 55 times   3 Legal Analyses
    Requiring only a "simple statement" of the employee's ability to return to work
  18. Section 11087 - Definitions

    Cal. Code Regs. tit. 2 § 11087   Cited 12 times   3 Legal Analyses
    Defining "[e]ligible employee" as an employee "who has actually worked . . . for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence"
  19. Section 7297.0 - Definitions. [Renumbered]

    Cal. Code Regs. tit. 2 § 7297.0   Cited 10 times   1 Legal Analyses
    Adopting the definition of continuing treatment "as detailed in FMLA and its implementing regulations"
  20. Section 11098 - Certification Form. [Renumbered]

    Cal. Code Regs. tit. 2 § 11098

    Cal. Code Regs. Tit. 2, § 11098 1. Change without regulatory effect renumbering former section 7297.11 to new section 11098 and amending section, form and NOTE filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40). 2. Renumbering of former section 11098 to section 11097 filed 3-4-2015; operative 7-1-2015 (Register 2015, No. 10). 1. Change without regulatory effect renumbering former section 7297.11 to new section 11098 and amending section, form