39 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,766 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"
United States v. Salerno
481 U.S. 739 (1987) Cited 5,510 times 15 Legal Analyses
Holding that "extensive safeguards" are necessary "to repel a facial challenge"
Wash. State Grange v. Wa. State Repub. Party
552 U.S. 442 (2008) Cited 1,277 times 5 Legal Analyses
Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"
Broadrick v. Oklahoma
413 U.S. 601 (1973) Cited 3,459 times 2 Legal Analyses
Holding that Oklahoma may regulate the political activities of its state employees
BFP v. Resolution Trust Corp.
511 U.S. 531 (1994) Cited 1,164 times 15 Legal Analyses
Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"
Ulster County Court v. Allen
442 U.S. 140 (1979) Cited 1,868 times 5 Legal Analyses
Holding that criminal defendants could not mount a facial challenge to a statute that had been constitutionally applied at their trial
Ayotte v. Planned Parenthood
546 U.S. 320 (2006) Cited 450 times 2 Legal Analyses
Holding that lower courts should not have invalidated the entire statute, but should have accounted for the legislature's policy choices and the statute's severability clause
Ashwander v. Valley Authority
297 U.S. 288 (1936) Cited 2,336 times 5 Legal Analyses
Holding that the "Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of"
Regan v. Time, Inc.
468 U.S. 641 (1984) Cited 394 times 1 Legal Analyses
Holding that Government determination of publishability of photographs based on whether message is "newsworthy or educational" constitutes content-based discrimination in violation of First Amendment
Shadow Wood Homeowners Ass'n, Inc. v. N.Y. Cmty. Bancorp, Inc.
132 Nev. Adv. Op. 5 (Nev. 2016) Cited 461 times
Holding that courts retain equitable power to set aside homeowners' association foreclosure sales in quiet title actions under certain circumstances
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,789 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,616 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 2924 - Exercise of power of sale
Cal. Civ. Code § 2924 Cited 1,820 times 2 Legal Analyses
Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"
Section 57-1-28 - Sale of trust property by trustee - Payment of bid - Trustee's deed delivered to purchaser - Recitals - Effect
Utah Code § 57-1-28 Cited 14 times
Determining that the trustee's deed conveys "all right, title, interest, and claim of the trustor and the trustor's successors in interest and of all persons claiming by, through, or under them, in and to the property sold"

U.S. Bank, N.A. v. Azure Estates Owners Association, Inc., et al

39 Cited authorities

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 "extensive safeguards" are necessary "to repel a facial challenge"

Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

Holding that Oklahoma may regulate the political activities of its state employees

Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"

Holding that criminal defendants could not mount a facial challenge to a statute that had been constitutionally applied at their trial

Holding that lower courts should not have invalidated the entire statute, but should have accounted for the legislature's policy choices and the statute's severability clause

Holding that the "Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of"

Holding that Government determination of publishability of photographs based on whether message is "newsworthy or educational" constitutes content-based discrimination in violation of First Amendment

Holding that courts retain equitable power to set aside homeowners' association foreclosure sales in quiet title actions under certain circumstances

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

Allowing service by filing papers with the court's electronic-filing system

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Holding privileged pursuant to Cal. Civ. Code section 47 "[p]erformance of the functions and procedures . . . necessary to carry out the duties [of a non-judicial foreclosure]"

Determining that the trustee's deed conveys "all right, title, interest, and claim of the trustor and the trustor's successors in interest and of all persons claiming by, through, or under them, in and to the property sold"