25 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,643 times 39 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"
Scott v. Harris
550 U.S. 372 (2007) Cited 12,620 times 11 Legal Analyses
Holding that if opposing parties tell two different versions of the facts, and one is blatantly contradicted by the record, a court should not adopt that version of the facts in ruling on a motion for summary judgment
Grogan v. Garner
498 U.S. 279 (1991) Cited 9,082 times 3 Legal Analyses
Holding that "the standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 is the ordinary preponderance-of-the-evidence standard"
Miranda v. B B Cash Grocery Store, Inc.
975 F.2d 1518 (11th Cir. 1992) Cited 755 times
Holding that "Title VII . . . incorporate the affirmative defenses from the Equal Pay Act"
White v. Wyndham Vacation Ownership, Inc.
617 F.3d 472 (6th Cir. 2010) Cited 298 times 2 Legal Analyses
Holding the bankruptcy court adopted plaintiff's contrary position when it confirmed plaintiff's Chapter 13 plan, the final disposition of a Chapter 13 bankruptcy case
Parker v. Wendy's Intern., Inc.
365 F.3d 1268 (11th Cir. 2004) Cited 311 times
Holding that because the plaintiff/debtor's discrimination claim became an asset of the bankruptcy estate when she filed her petition, the trustee became the real party in interest. And because the trustee never abandoned the plaintiff/debtor's discrimination claim and never took an inconsistent position under oath with regard to that claim, the trustee was not judicially estopped from pursuing the claim
Eubanks v. CBSK Financial Group, Inc.
385 F.3d 894 (6th Cir. 2004) Cited 244 times
Holding that judicial estoppel did not apply because the debtor attempted to disclose the claims to the bankruptcy court
Bauer v. Commerce Union Bank
859 F.2d 438 (6th Cir. 1988) Cited 261 times 1 Legal Analyses
Holding that Chapter 7 debtors do not have standing to bring claims that are part of the bankruptcy estate
De Leon v. Comcar Industries, Inc.
321 F.3d 1289 (11th Cir. 2003) Cited 159 times
Holding that because Chapter 13 debtor "knew about his [civil] claim and possessed a motive to conceal it ... we can infer from the record his intent to make a mockery of the judicial system"
Olson v. Home Depot
321 F. Supp. 2d 872 (E.D. Mich. 2004) Cited 131 times
Noting that "warranty claims require less stringent proof" than negligent design claims under Michigan law
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,322 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,504 times 76 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 521 - Debtor's duties
11 U.S.C. § 521 Cited 3,644 times 18 Legal Analyses
Requiring debtor to file a schedule of assets and liabilities
Section 600.5805 - Injuries to persons or property; period of limitations; "adjudication, " "criminal sexual conduct, " and "dating relationship" defined
Mich. Comp. Laws § 600.5805 Cited 1,882 times 9 Legal Analyses
Establishing applicable statute of limitations period as three years

Waters v. Mentor Corporation et al

25 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 if opposing parties tell two different versions of the facts, and one is blatantly contradicted by the record, a court should not adopt that version of the facts in ruling on a motion for summary judgment

Holding that "the standard of proof for the dischargeability exceptions in 11 U.S.C. § 523 is the ordinary preponderance-of-the-evidence standard"

Holding that "Title VII . . . incorporate the affirmative defenses from the Equal Pay Act"

Holding the bankruptcy court adopted plaintiff's contrary position when it confirmed plaintiff's Chapter 13 plan, the final disposition of a Chapter 13 bankruptcy case

Holding that judicial estoppel did not apply because the debtor attempted to disclose the claims to the bankruptcy court

Holding that Chapter 7 debtors do not have standing to bring claims that are part of the bankruptcy estate

Holding that because Chapter 13 debtor "knew about his [civil] claim and possessed a motive to conceal it ... we can infer from the record his intent to make a mockery of the judicial system"

Noting that "warranty claims require less stringent proof" than negligent design claims under Michigan law

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

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Requiring debtor to file a schedule of assets and liabilities

Establishing applicable statute of limitations period as three years