40 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,756 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,228 times 41 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"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,114 times 96 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Boudreaux v. Swift Transp. Co., Inc.
402 F.3d 536 (5th Cir. 2005) Cited 2,205 times 1 Legal Analyses
Explaining non-moving party's burden is not satisfied by "some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence"
Forsyth v. Barr
19 F.3d 1527 (5th Cir. 1994) Cited 2,808 times
Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"
Taylor v. Books a Million, Inc.
296 F.3d 376 (5th Cir. 2002) Cited 1,889 times 1 Legal Analyses
Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"
Ramsey v. Henderson
286 F.3d 264 (5th Cir. 2002) Cited 971 times
Holding that “conclusory allegations, speculation, and unsubstantiated assertions are inadequate to satisfy” the nonmovant's burden in a motion for summary judgment
Patrick v. Ridge
394 F.3d 311 (5th Cir. 2004) Cited 657 times 1 Legal Analyses
Holding that the employer must articulate a relatively "specific" reason "in some detail," and finding insufficient the employer’s proffered reason because it was "bald and amorphous"
Equal Employment Opportunity Commission v. Chevron Phillips Chemical Co.
570 F.3d 606 (5th Cir. 2009) Cited 543 times 4 Legal Analyses
Holding that the failure not to discuss a reasonable accommodation in a meeting about the employee's injury and position with the employer suggests bad faith
General Universal Systems, Inc. v. Lee
379 F.3d 131 (5th Cir. 2004) Cited 620 times 1 Legal Analyses
Holding party "may not use a Rule 60(b) motion as an occasion to relitigate its case"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,493 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,307 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,369 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,678 times 264 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,352 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 24,013 times 66 Legal Analyses
Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,670 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,038 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,286 times 13 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Section 626 - Recordkeeping, investigation, and enforcement
29 U.S.C. § 626 Cited 6,120 times 44 Legal Analyses
Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255
Section 1601.13 - Filing; deferrals to State and local agencies
29 C.F.R. § 1601.13 Cited 456 times 1 Legal Analyses
Granting "States and their political subdivisions the exclusive right to process allegations of discrimination filed by a person .... After the expiration of the exclusive processing period, the [Equal Employment Opportunity] Commission may commence processing the allegation of discrimination"

Wilson v. James Industrial Constructors

40 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 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"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Explaining non-moving party's burden is not satisfied by "some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence"

Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"

Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"

Holding that “conclusory allegations, speculation, and unsubstantiated assertions are inadequate to satisfy” the nonmovant's burden in a motion for summary judgment

Holding that the employer must articulate a relatively "specific" reason "in some detail," and finding insufficient the employer’s proffered reason because it was "bald and amorphous"

Holding that the failure not to discuss a reasonable accommodation in a meeting about the employee's injury and position with the employer suggests bad faith

Holding party "may not use a Rule 60(b) motion as an occasion to relitigate its case"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Granting equal rights to "make and enforce contracts" without regard to race

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

Granting "States and their political subdivisions the exclusive right to process allegations of discrimination filed by a person .... After the expiration of the exclusive processing period, the [Equal Employment Opportunity] Commission may commence processing the allegation of discrimination"