§Why CasetextPricing

Sharp v. 3rd Group Properties, Llc. et al

MOTION for Summary Judgment with Brief In Support

37 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 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 217,065 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 113,508 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. Hamilton v. State Farm Fire Cas. Co.

    270 F.3d 778 (9th Cir. 2001)   Cited 924 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”

  5. IN THE MATTER OF COASTAL PLAINS, INC. v. MIMS

    179 F.3d 197 (5th Cir. 1999)   Cited 972 times   2 Legal Analyses
    Holding that a debtor has duty to disclose all potential causes of action

  6. Burnes v. Pemco Aeroplex, Inc.

    291 F.3d 1282 (11th Cir. 2002)   Cited 572 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"

  7. Barger v. City of Cartersville

    348 F.3d 1289 (11th Cir. 2003)   Cited 364 times   2 Legal Analyses
    Holding that the plaintiff could not "avoid the consequences of the acts or omissions of [her] freely selected [attorney]"

  8. Cannon-Stokes v. Potter

    453 F.3d 446 (7th Cir. 2006)   Cited 290 times
    Holding that a plaintiff who had failed to list her claim on a bankruptcy schedule could not later pursue the claim and stating, "It is impossible to believe that such a sizeable claim--one central to her daily activities at work--could have been overlooked when [plaintiff] was filling in the bankruptcy schedules. And if [plaintiff] were really making an honest attempt to pay her debts, then as soon as she realized that it had been omitted, she would have filed amended schedules and moved to reopen the bankruptcy, so that the creditors could benefit from any recovery."

  9. Krystal Cadillac-Oldsmobile GMC Truck, Inc. v. General Motors Corp.

    337 F.3d 314 (3d Cir. 2003)   Cited 311 times
    Holding that judicial estoppel may be applied where a litigant takes two positions that are irreconcilably inconsistent and "in bad faith, i.e., with intent to play fast and loose with the court."

  10. Payless Wholesale Distrib. v. Alberto Culver

    989 F.2d 570 (1st Cir. 1993)   Cited 194 times   1 Legal Analyses
    Holding that failure to disclose a pending legal claim is "a palpable fraud that the court will not tolerate, even passively"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 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 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,533 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  13. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,775 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  14. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,403 times   74 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"

  15. Section 522 - Exemptions

    11 U.S.C. § 522   Cited 10,270 times   36 Legal Analyses
    Granting debtor power to avoid judicial lien that impairs exemption

  16. Section 365 - Executory contracts and unexpired leases

    11 U.S.C. § 365   Cited 5,708 times   205 Legal Analyses
    Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

  17. Section 507 - Priorities

    11 U.S.C. § 507   Cited 4,329 times   26 Legal Analyses
    Determining the priority of claims

  18. Section 109 - Who may be a debtor

    11 U.S.C. § 109   Cited 4,054 times   35 Legal Analyses
    Allowing municipal bankruptcy only if specifically authorized by state law

  19. Section 521 - Debtor's duties

    11 U.S.C. § 521   Cited 3,614 times   18 Legal Analyses
    Requiring debtor to file a schedule of assets and liabilities

  20. Section 707 - Dismissal of a case or conversion to a case under chapter 11 or 13

    11 U.S.C. § 707   Cited 3,350 times   5 Legal Analyses
    Granting general jurisdiction to dismiss petitions, but not specifically mentioning "abuse"