14 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,081 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"
Graham v. Long Island R.R
230 F.3d 34 (2d Cir. 2000) Cited 2,010 times 2 Legal Analyses
Holding that even if plaintiff could demonstrate that failed drug test proffered by defendant as ground for dismissal was in error, that showing would not demonstrate that reliance on test was pretext for discrimination
Ying Jing Gan v. City of New York
996 F.2d 522 (2d Cir. 1993) Cited 1,378 times
Holding that where district attorney acts as prosecutor, he is "deemed to be an official of New York State . . . entitled to invoke Eleventh Amendment immunity"
Conroy v. Regents of University of California
45 Cal.4th 1244 (Cal. 2009) Cited 439 times 1 Legal Analyses
Holding claims for negligent misrepresentation "do[] not require intent to defraud"
Peterson v. Cellco Partnership
164 Cal.App.4th 1583 (Cal. Ct. App. 2008) Cited 308 times 1 Legal Analyses
Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"
Bates v. Long Island R. Co.
997 F.2d 1028 (2d Cir. 1993) Cited 306 times 1 Legal Analyses
Holding that there was "no basis for the district court to apply judicial estoppel" where there had been "no judicial acceptance" of the representation at issue
Mitchell v. Shane
350 F.3d 39 (2d Cir. 2003) Cited 221 times
Holding that a § 3604 claim requires a plaintiff to prove that other renters were treated differently from protected class members
Ezekwo v. Amer. Bd. of I. M
173 F.3d 844 (2d Cir. 1999) Cited 152 times
Finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"
Bessemer Trust Co., N.A. v. Branin
618 F.3d 76 (2d Cir. 2010) Cited 73 times 2 Legal Analyses
Holding that the language in a bonus plan to "reserve to the Salary Committee the decision to award or not to award a bonus, and in what amount" was "dispositive" of the plaintiff's claim under New York law because it "reserve[d] to the Salary Committee the decision to award or not to award a bonus, and in what amount."
Simon v. Philip Morris Inc.
124 F. Supp. 2d 46 (E.D.N.Y. 2000) Cited 69 times
Holding that depecage "permits severance of statutes of limitations, questions of individual causation, damages, and affirmative defenses in accordance with different states' law"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,543 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,824 times 315 Legal Analyses
Prohibiting unlawful business practices

Vincent, et al v. The Money Store, et al

14 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 even if plaintiff could demonstrate that failed drug test proffered by defendant as ground for dismissal was in error, that showing would not demonstrate that reliance on test was pretext for discrimination

Holding that where district attorney acts as prosecutor, he is "deemed to be an official of New York State . . . entitled to invoke Eleventh Amendment immunity"

Holding claims for negligent misrepresentation "do[] not require intent to defraud"

Holding that plaintiffs who challenged sales commissions on insurance policies but did not allege that "they could have bought the same insurance for a lower price either directly from the insurer or from a licensed agent" could not "show they suffered actual economic injury"

Holding that there was "no basis for the district court to apply judicial estoppel" where there had been "no judicial acceptance" of the representation at issue

Holding that a § 3604 claim requires a plaintiff to prove that other renters were treated differently from protected class members

Finding that plaintiff "failed to effect proper service" and noting that "'leave and mail' service under Section 308 is ineffective where a plaintiff does not file proof of service with the clerk within twenty days of the date on which the process server mailed the summons and complaint"

Holding that depecage "permits severance of statutes of limitations, questions of individual causation, damages, and affirmative defenses in accordance with different states' law"

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

Prohibiting unlawful business practices