§Why CasetextPricing

Waste Management of Louisiana, L.L.C. v. River Birch, Inc. et al

MOTION for Partial Summary Judgment

17 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,698 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,883 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"

  3. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,219 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,661 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  5. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 848 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  6. Lindsey v. Sears Roebuck and Co.

    16 F.3d 616 (5th Cir. 1994)   Cited 392 times   1 Legal Analyses
    Holding if plaintiff provides sufficient evidence for each element of recovery, reasonableness inquiries are for jury in negligence cases

  7. McLaughlin v. Anderson

    962 F.2d 187 (2d Cir. 1992)   Cited 291 times
    Holding that to prevail under civil RICO, plaintiff must prove that defendants participated in the conduct of an enterprise through a pattern of racketeering activity

  8. Aly v. City of Lake Jackson

    605 F. App'x 260 (5th Cir. 2015)   Cited 56 times

    No. 14-20431 03-13-2015 MOHAMED A. ALY, Plaintiff - Appellant v. CITY OF LAKE JACKSON, Defendant - Appellee PER CURIAM Summary Calendar Appeal from the United States District Court for the Southern District of Texas, Houston Division USDC No. 4:13-cv-1216 Before JONES, BENAVIDES, and GRAVES, Circuit Judges. PER CURIAM: Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R

  9. McKee v. City of Rockwall

    877 F.2d 409 (5th Cir. 1989)   Cited 101 times
    Granting summary judgment to a police officer in a § 1983 action because the non-movant failed to offer evidence "to support her equal protection claim, thus pretermitting a qualified immunity inquiry"

  10. Williams v. J.B. Hunt Transp., Inc.

    826 F.3d 806 (5th Cir. 2016)   Cited 39 times
    Holding that the plaintiff "failed to establish that he was qualified for the job in question ... [b]ecause he lacked the DOT certification required by federal law"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 327,983 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 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,832 times   59 Legal Analyses
    Specifying prohibited activities

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,910 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,074 times   40 Legal Analyses
    Granting civil remedies for RICO violation