33 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,548 times   41 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"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 115,829 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
  3. Hicks v. Baines

    593 F.3d 159 (2d Cir. 2010)   Cited 2,448 times   5 Legal Analyses
    Holding actions to be “materially adverse” under Title VII if they are “harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination”
  4. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,996 times   3 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"
  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,450 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  6. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 720 times
    Holding that a duty to disclose can arise when "one party possesses superior knowledge, not readily available to the other, and knows that the other is acting on the basis of mistaken knowledge"
  7. Guilbert v. Gardner

    480 F.3d 140 (2d Cir. 2007)   Cited 634 times
    Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year
  8. Broder v. Cablevision Systems Corp.

    418 F.3d 187 (2d Cir. 2005)   Cited 457 times   1 Legal Analyses
    Holding that under New York law, "[w]hen a plaintiff does not possess a private right of action under a particular statute, and does not allege any actionable wrongs independent of the requirements of the statute, a claim [under another cause of action alleging merely a violation of a statute under which they do not possess a private right of action] is properly dismissed as an effort to circumvent the legislative preclusion of private lawsuits for violation of the statute"
  9. Niagara Mohawk Power v. Jones Chemical Inc.

    315 F.3d 171 (2d Cir. 2003)   Cited 491 times
    Holding passive movement of contaminant from one property to another not a CERCLA disposal
  10. Thyroff v. Nationwide Mut. Ins. Co.

    460 F.3d 400 (2d Cir. 2006)   Cited 348 times   1 Legal Analyses
    Holding that this Court may affirm on any basis apparent in the record
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity