43 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 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"
Tennessee Valley Authority v. Hill
437 U.S. 153 (1978) Cited 1,520 times 7 Legal Analyses
Holding that budget appropriations cannot alter meaning of statute
Pantoja v. Countrywide Home Loans, Inc.
640 F. Supp. 2d 1177 (N.D. Cal. 2009) Cited 315 times 1 Legal Analyses
Holding that there is no express or implicit private right of action under TARP
Steger v. Franco, Inc.
228 F.3d 889 (8th Cir. 2000) Cited 380 times
Holding that four plaintiffs lacked standing because, at the time the lawsuit was filed, they had not patronized, or even tried to patronize, the business
Thompson v. County of Medina
29 F.3d 238 (6th Cir. 1994) Cited 424 times
Holding that "while a prisoner does not need to demonstrate that he has been the victim of an actual attack to bring a personal safety claim," such evidence will suffice
Shook v. El Paso Cty.
386 F.3d 963 (10th Cir. 2004) Cited 258 times 2 Legal Analyses
Holding that the lower court erred in requiring ascertainability of a Rule 23(b) class and explaining that "while the lack of identifiability is a factor that may defeat Rule 23(b) class certification, such is not the case with respect to class certification under Rule 23(b)"
Telfair v. First Union Mortgage Corp.
216 F.3d 1333 (11th Cir. 2000) Cited 230 times
Holding that post-confirmation charges to a mortgagee's account are not governed by the provisions section 506
Amati v. City of Woodstock
528 U.S. 985 (1999) Cited 47 times
No. 99-216. November 8, 1999. ORDERS C.A. 7th Cir. Certiorari denied. Reported below: 176 F. 3d 952.
Horvath v. Bank of N.Y., N.A.
641 F.3d 617 (4th Cir. 2011) Cited 105 times
Holding that a transferee note holder had the authority to enforce a note by appointing a substitute trustee and foreclosing on property under Virginia common law and statutes
Wright v. Schock
742 F.2d 541 (9th Cir. 1984) Cited 179 times
Holding that district court did not abuse its discretion by ruling on summary judgment motion before addressing class certification
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,264 times 51 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Schwend-McCummiskey v. US Bank, N.A. et al

43 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 budget appropriations cannot alter meaning of statute

Holding that there is no express or implicit private right of action under TARP

Holding that four plaintiffs lacked standing because, at the time the lawsuit was filed, they had not patronized, or even tried to patronize, the business

Holding that "while a prisoner does not need to demonstrate that he has been the victim of an actual attack to bring a personal safety claim," such evidence will suffice

Holding that the lower court erred in requiring ascertainability of a Rule 23(b) class and explaining that "while the lack of identifiability is a factor that may defeat Rule 23(b) class certification, such is not the case with respect to class certification under Rule 23(b)"

Holding that post-confirmation charges to a mortgagee's account are not governed by the provisions section 506

Holding that a transferee note holder had the authority to enforce a note by appointing a substitute trustee and foreclosing on property under Virginia common law and statutes

Holding that district court did not abuse its discretion by ruling on summary judgment motion before addressing class certification

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

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"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication