21 Cited authorities

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"
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"
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
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
Taylor v. List
880 F.2d 1040 (9th Cir. 1989) Cited 8,986 times
Holding that no § 1983 liability exists absent personal participation
Zoslaw v. MCA Distributing Corp.
693 F.2d 870 (9th Cir. 1982) Cited 708 times
Holding that the “flow of commerce ends when goods reach their intended destination”
Leasepartners Corp. v. Brooks Trust
113 Nev. 747 (Nev. 1997) Cited 361 times
Holding that "[a]n action based on a theory of unjust enrichment is not available when there is an express, written contract, because no agreement can be implied when there is an express agreement"
Hilton Hotels v. Butch Lewis Productions
107 Nev. 226 (Nev. 1991) Cited 426 times
Holding that elements of contractual bad-faith claim are established "[w]hen one party performs a contract in a manner that is unfaithful to the purpose of the contract and the justified expectations of the other party are thus denied, damages may be awarded against the party who does not act in good faith."
Ins. Co. of the West v. Gibson Tile
122 Nev. 455 (Nev. 2006) Cited 140 times
Holding that fiduciary duty instruction in principal-surety dispute was erroneous because "a surety is not held to owe the same fiduciary duty to its principal" as an insurer owes to its insured
Bernard v. Rockhill Dev. Co.
103 Nev. 132 (Nev. 1987) Cited 149 times
Finding that “ breach of contract may be said to be a material failure of performance of a duty arising under or imposed by agreement”
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

Sierra Development Company v. Chartwell Advisory Group Ltd.

21 Cited authorities

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"

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, 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

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

Holding that no § 1983 liability exists absent personal participation

Holding that the “flow of commerce ends when goods reach their intended destination”

Holding that "[a]n action based on a theory of unjust enrichment is not available when there is an express, written contract, because no agreement can be implied when there is an express agreement"

Holding that fiduciary duty instruction in principal-surety dispute was erroneous because "a surety is not held to owe the same fiduciary duty to its principal" as an insurer owes to its insured

Finding that “ breach of contract may be said to be a material failure of performance of a duty arising under or imposed by agreement”

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