§Why CasetextPricing

Southwest Stainless, LP v. Sappington et al

MOTION for Summary Judgment

24 Cited authorities

  1. Dill v. City of Edmond

    155 F.3d 1193 (10th Cir. 1998)   Cited 324 times
    Holding that "speech which discloses any evidence of corruption, impropriety, or other malfeasance on the part of city officials . . . clearly concerns matters of public import."

  2. Wankier v. Crown Equipment Corp.

    353 F.3d 862 (10th Cir. 2003)   Cited 238 times
    Holding that under Utah law, a plaintiff must prove a safer, feasible alternative design

  3. Beck ex rel. Estate of Southeast Banking Corp. v. Lazard Freres & Co.

    175 F.3d 913 (11th Cir. 1999)   Cited 210 times
    Finding under Florida Law, the elements of a breach of contract action are a valid contract; a material breach; and damages

  4. Digital Design v. Information Builders

    2001 OK 21 (Okla. 2001)   Cited 198 times
    Holding that the discovery rule delays the running of the statute of limitations “until the injured party knows or, in the exercise of reasonable diligence, should have known of the injury”

  5. Jet Courier v. Mulei

    771 P.2d 486 (Colo. 1989)   Cited 157 times   1 Legal Analyses
    Determining whether employer's workers had been "enticed away" to a competing business did not depend upon their status as "independent contractors"

  6. Midamerica Construction Management, Inc. v. MasTec North America, Inc.

    436 F.3d 1257 (10th Cir. 2006)   Cited 90 times
    Holding that a provision making "all payments to Subcontractor by Contractor...expressly contingent upon...payment for the Work by Contractor from Owner" is a "pay-if-paid" clause under Texas law

  7. Boyd Rosene & Associates, Inc. v. Kansas Municipal Gas Agency

    174 F.3d 1115 (10th Cir. 1999)   Cited 89 times
    Holding that district courts must "look[] to the substantive law of the forum state, including its choice of law principles, to determine the applicable substantive law"

  8. J.J. Gumberg Co. v. Janis Services, Inc.

    847 So. 2d 1048 (Fla. Dist. Ct. App. 2003)   Cited 74 times
    Holding that a claim for breach of contract requires evidence of a material breach

  9. Veiser v. Armstrong

    1984 OK 61 (Okla. 1984)   Cited 64 times
    In Veiser we held that where an issue has been "fully and fairly" litigated in an action a party to that action may not relitigate the issue in a later action, although the second action differs procedurally from the first.

  10. Oliver v. Omnicare, Inc.

    103 P.3d 626 (Okla. Civ. App. 2004)   Cited 11 times
    Holding choice of law provision to be enforceable

  11. 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

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,655 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,027 times   126 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  14. Section 542.335 - Valid restraints of trade or commerce

    Fla. Stat. § 542.335   Cited 300 times   44 Legal Analyses
    Prohibiting a court from enforcing a restrictive covenant “unless it is set forth in a writing signed by the person against whom enforcement is sought”

  15. Section 217 - Restraint of trade

    Okla. Stat. tit. 15 § 217   Cited 28 times   3 Legal Analyses

    Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by Sections 218 and 219 of this title, or otherwise than as provided by Section 2 of this act, is to that extent void. Okla. Stat. tit. 15, § 217 R.L. 1910, § 978; Amended by Laws 1989, SB 257, c. 359, §1, emerg. eff. 6/3/1989; Amended by Laws 2001 , SB 662, c. 406, §3, emerg. eff. 6/4/2001.

  16. Section 86 - Definitions

    Okla. Stat. tit. 78 § 86   Cited 27 times
    Defining trade secret and misappropriation

  17. Section 90.301 - Presumption defined; inferences

    Fla. Stat. § 90.301   Cited 18 times

    (1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established. (2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable. (3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301 - 90.304 are applicable only in civil actions or proceedings. Fla. Stat. § 90.301 s. 1, ch. 76-237;

  18. Section 219A - Noncompetition agreements

    Okla. Stat. tit. 15 § 219A   Cited 15 times   4 Legal Analyses

    A. A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar business as that conducted by the former employer as long as the former employee does not directly solicit the sale of goods, services or a combination of goods and services from the established customers of the former employer