25 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,819 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 112,942 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
Harlen Associates v. Inc. Village of Mineola
273 F.3d 494 (2d Cir. 2001) Cited 1,051 times
Holding that differential treatment based on the “ ‘intent to inhibit or punish the exercise of constitutional rights' ” was basis for selective enforcement claim
Sokoloff v. Harriman Estates Dev. Corp.
96 N.Y.2d 409 (N.Y. 2001) Cited 1,057 times
Reversing dismissal of complaint seeking specific performance against builder
Foley v. D'Agostino
21 A.D.2d 60 (N.Y. App. Div. 1964) Cited 739 times
Stating that “[t]hey may not assume and engage in the promotion of personal interests which are incompatible with the superior interests of their corporation.”
Phansalkar v. Andersen Weinroth Co., L.P.
344 F.3d 184 (2d Cir. 2003) Cited 181 times 1 Legal Analyses
Holding employee was required to forfeit all compensation received after disloyal acts such as his receipt of stock options, stock shares, fees, and business opportunities that should have been passed on to the firm
In re Bernard L. Madoff Inv. Sec. Llc
458 B.R. 87 (Bankr. S.D.N.Y. 2011) Cited 121 times
Holding that “[b]ecause the Complaint does not seek a specific amount of money converted from a particular account, but rather ‘an award of compensatory damages in an amount to be determined at trial’ it fails to state a claim for conversion under New York law”
Meinhard v. Salmon
249 N.Y. 458 (N.Y. 1928) Cited 1,170 times 6 Legal Analyses
Holding a co-venturer breached his duty of loyalty when he extended the lease on commercial property and excluded his co-venturer from the opportunity
Chung v. New Silver Palace Rest., Inc.
246 F. Supp. 2d 220 (S.D.N.Y. 2002) Cited 104 times 1 Legal Analyses
Holding that, "[w]hen tips are retained by the employer, the "tip credit" cannot be used to meet the required minimum wage"
Western Elec. Co. v. Brenner
41 N.Y.2d 291 (N.Y. 1977) Cited 181 times
Holding that a "fundamental aspect" of an employee's duty is that he is "prohibited from acting in any manner inconsistent with his agency or trust"
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

The Federal Savings Bank v. Ace Watanasuparp et al

25 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, 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 differential treatment based on the “ ‘intent to inhibit or punish the exercise of constitutional rights' ” was basis for selective enforcement claim

Reversing dismissal of complaint seeking specific performance against builder

Stating that “[t]hey may not assume and engage in the promotion of personal interests which are incompatible with the superior interests of their corporation.”

Holding employee was required to forfeit all compensation received after disloyal acts such as his receipt of stock options, stock shares, fees, and business opportunities that should have been passed on to the firm

Holding that “[b]ecause the Complaint does not seek a specific amount of money converted from a particular account, but rather ‘an award of compensatory damages in an amount to be determined at trial’ it fails to state a claim for conversion under New York law”

Holding a co-venturer breached his duty of loyalty when he extended the lease on commercial property and excluded his co-venturer from the opportunity

Holding that, "[w]hen tips are retained by the employer, the "tip credit" cannot be used to meet the required minimum wage"

Holding that a "fundamental aspect" of an employee's duty is that he is "prohibited from acting in any manner inconsistent with his agency or trust"

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