Anderson v. Liberty Lobby, Inc.

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

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"

Drye v. United States

Holding that federal law defines “property and rights to property” for purposes of a federal tax statute, irrespective of whether the right is defined as a “property” right under state law

Colorado v. New Mexico

Holding that party with burden of persuasion may prevail only if he can “place in the ultimate factfinder an abiding conviction that the truth of [his] factual contentions are ‘highly probable.’ ”

Maughan v. SW Servicing, Inc.

Holding that the plaintiff must be able to identify the "likely source" of his exposure to a particular carcinogen

Jones & Trevor Mktg., Inc. v. Lowry

Upholding district court's grant of summary judgment and dismissal of claims for conversion, fraudulent misrepresentation, and intentional interference against individual defendants because plaintiff could not prove its alter ego theory of liability as to those individual defendants

Holman v. U.S.

Holding that taxpayer's wife had standing to file cross-appeal because the district court held that she owned only an undivided half-interest in certain real property, but the wife claimed 100% ownership of the property free and clear of the government's tax lien

Barber v. General Elec. Co.

In Barber v. General Electric Co., 648 F.2d 1272, 1277 (10th Cir. 1981), this court interpreted Kirkland and Hogue to mean that the assumption of the risk defense in a products liability suit requires a jury determination that plaintiff was aware of a known defect and had assumed a known risk.

In re Taylor

Holding that imposition of a constructive trust was not warranted under the facts of the case

Colman v. Colman

Holding that a stipulation as to property rights in a divorce action are advisory and not necessarily binding on the trial court

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 56 - Summary Judgment

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

Rule 1 - Scope and Purpose

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Section 25-6-5 - [Renumbered as 25-6-202] Fraudulent transfer - Claim arising before or after transfer

Prohibiting debtor's transfer if it was made "with actual intent to hinder, delay, or defraud any creditor of the debtor"

Section 25-6-10 - [Renumbered as 25-6-305] Claim for relief - Time limits