green
Positive treatment
Quoted verbatim 1×
4.9 score
“an attorney's affidavit that is not based upon personal knowledge or supported by admissible evidence is insuffi 409 cient to defeat a summary judgment motion”
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Dean v. City of Buffalo
an attorney's affidavit that is not based upon personal knowledge or supported by admissible evidence is insuffi 409 cient to defeat a summary judgment motion
cited
Cited "see"
Joseph Monti and Tita Monti v. United States
See Randell v. United States, 64 F.3d 101, 103-04 (2d Cir.1995), cert. denied, 519 U.S. 815 , 117 S.Ct. 65 , 136 L.Ed.2d 26 (1996).
discussed
Cited "see"
The Stars' Desert Inn Hotel & Country Club, Inc. v. Richard Hwang
(2×)
See Commodity Futures Trading Comm'n v. Noble Metals Int'l, Inc., 67 F.3d 766 , 771 (9th Cir.1995) (repeated failure of corporation to designate a representative to testify at a discovery deposition "severely prejudiced" government's ability to make its case), cert. denied, --- U.S. ----, 117 S.Ct. 64 , 136 L.Ed.2d 26 (1996); Hyde & Drath, 24 F.3d at 1166-67 (failure to appear at depositions prejudiced opposing party); Adriana, 913 F.2d at 1412 (repeated failure of party to appear at scheduled depositions "interfere[d] with the rightful decision of the case").
discussed
Cited "see"
Gallo v. United States, Department of Treasury
Noting that the Anti-Injunction Act “could scarcely be more explicit,” the Supreme Court has stated that: [T]he principal purpose of [its] language [is] the protection of the Government’s need to assess and collect taxes as expeditiously as possible with a minimum of preenforcement judicial interference, ‘and to require that the legal right to the disputed sums be determined in a suit for refund.’ Bob Jones Univ. v. Simon, 416 U.S. 725, 736 , 94 S.Ct. 2038, 2046 , 40 L.Ed.2d 496 (1974) (quoting Enochs v. Williams Packing & Navigation Co., 370 U.S. 1, 7 , 82 S.Ct. 1125, 1129 , 8 L.Ed.…
discussed
Cited "see"
United States v. Carlin
In opposing a summary judgment motion, however, an adverse party “may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); see Randell v. United States, 64 F.3d 101, 108 (2d Cir.1995), cert. denied, —U.S.-, 117 S.Ct. 65 , 136 L.Ed.2d 26 (1996).
discussed
Cited "see"
de Herbstein v. Dabbah Securities Corp.
See Randell v. United States, 64 F.3d 101, 108-09 (2d Cir.1995) (a party opposing summary judgment must submit affidavits by individuals with personal knowledge or other competent evidence), cert. denied, _ U.S._, 117 S.Ct. 65 , 136 L.Ed.2d 26 (1996).
discussed
Cited "see, e.g."
Bartlett v. New York State Board of Law Examiners
See also Ricketts v. City of Hartford, 74 F.3d 1397, 1407 (2d Cir.) (“It is well established that a claimant under the Fourteenth Amendment’s Equal Protection Clause ... must establish intentional discrimination.”) (citing McCleskey v. Kemp, 481 U.S. 279, 292 , 107 S.Ct. 1756, 1766-67 , 95 L.Ed.2d 262 (1987)), cert. denied, — U.S. -, 117 S.Ct. 65 , 136 L.Ed.2d 26 (1996); Giano v. Senkowski, 54 F.3d 1050, 1057 (2d Cir.1995) (“To prove an equal protection violation, claimants must prove purposeful discrimination.”).
Retrieving the full opinion text from the archive…
Moore
v.
Pennsylvania Department of Environmental Resources
v.
Pennsylvania Department of Environmental Resources
No. 95-1916.
Supreme Court of the United States.
Oct 7, 1996.
Published
Citer courts: W.D. New York (1)
Commw. Ct. Pa. Certiorari denied.