§Why CasetextPricing

USA v. Zen Magnets, LLC et al

RESPONSE to 20 MOTION for Summary Judgment

18 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 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"

  2. Hunt v. Cromartie

    526 U.S. 541 (1999)   Cited 2,878 times   1 Legal Analyses
    Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

  3. Beard v. Banks

    548 U.S. 521 (2006)   Cited 1,692 times   1 Legal Analyses
    Holding that encouraging progress toward rehabilitation serves legitimate penological objectives

  4. Goenaga v. March of Dimes Defects Foundation

    51 F.3d 14 (2d Cir. 1995)   Cited 1,671 times
    Holding that a movant's burden is satisfied if he can point to an absence of evidence to support an essential element of the nonmoving party's claim

  5. Taylor v. Nationsbank

    365 Md. 166 (Md. 2001)   Cited 437 times
    Holding the party seeking relief from an alleged breach of contract bears the burden of showing that a valid contractual obligation existed and that the alleged breaching party actually breached the agreement

  6. Cifarelli v. Village of Babylon

    93 F.3d 47 (2d Cir. 1996)   Cited 435 times
    Holding that the district court did not abuse its discretion in considering a new affidavit submitted by a defendant on reply inasmuch as plaintiff was “fully aware prior to the defendants' reply” of the issue discussed in the affidavit

  7. General Motors Acceptance v. Daniels

    303 Md. 254 (Md. 1985)   Cited 324 times   1 Legal Analyses
    Holding parol evidence not admissible to prove secondary liability as guarantor where individual who co-signed a contract to purchase an automobile for his brother signed the contract as a "buyer" and where "[t]he contract clearly stated that all buyers agreed to be jointly and severally liable," thereby establishing primary liability as a surety

  8. Baranski v. Fifteen Unknown Agents

    452 F.3d 433 (6th Cir. 2006)   Cited 138 times   2 Legal Analyses
    Holding that the Fourth Amendment had been satisfied through express incorporation of supporting affidavit that described with particularity items to have been seized, even though search warrant itself did not describe them

  9. Pignons S. A. de Mecanique v. Polaroid Corp.

    657 F.2d 482 (1st Cir. 1981)   Cited 254 times   1 Legal Analyses
    Finding no evidence of intent in a trademark infringement case

  10. Zen Magnets, LLC v. Consumer Product Safety Commission

    841 F.3d 1141 (10th Cir. 2016)   Cited 13 times   2 Legal Analyses

    No. 14-9610 11-22-2016 Zen Magnets, LLC, Petitioner, v. Consumer Product Safety Commission, Respondent. David C. Japha, Law Offices of David C. Japha, P.C., Denver, Colorado, for Petitioner. Daniel Tenny (Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Adam C. Jed, and Mark R. Freeman, Attorneys, on the brief), U.S. Department of Justice, Washington, D.C., for Respondent. EBEL, Circuit Judge. David C. Japha, Law Offices of David C. Japha, P.C., Denver, Colorado, for Petitioner. Daniel

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2064 - Substantial product hazards

    15 U.S.C. § 2064   Cited 114 times   18 Legal Analyses
    Defining “substantial product hazard” to be a product that either fails to comply with an applicable safety standard or contains a product defect

  13. Section 2068 - Prohibited acts

    15 U.S.C. § 2068   Cited 49 times   8 Legal Analyses

    (a) Designation It shall be unlawful for any person to- (1) sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the Commission, that is not in conformity with an applicable consumer product safety rule under this chapter, or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission; (2) sell, offer

  14. Section 2057 - Banned hazardous products

    15 U.S.C. § 2057   Cited 30 times   5 Legal Analyses
    Declaring products banned hazardous products