Williams v. Time Warner Operation, Inc, 98 F.3d 179 (5th Cir. 1996). · Go Syfert
Williams v. Time Warner Operation, Inc, 98 F.3d 179 (5th Cir. 1996). Cases Citing This Book View Copy Cite
148 citation events (106 in the last 25 years) across 10 distinct courts.
Strongest positive: In re: Anadrill Directional Services Inc.; Ronald J. Sommers v. RDM Capital Funding, LLC DBA Fintap (txsb, 2026-02-12)
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discussed Cited as authority (rule) In re: Anadrill Directional Services Inc.; Ronald J. Sommers v. RDM Capital Funding, LLC DBA Fintap
Bankr. S.D. Tex. · 2026 · confidence medium
Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 35 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 36 Id. 37 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 38 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 39 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 40 Matsushita Elec.
discussed Cited as authority (rule) In re: Bernard Bergan; Kevin Wong v. Bernard Bergan
Bankr. S.D. Tex. · 2026 · confidence medium
The Complaint 19 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 20 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 21 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 22 Matsushita Elec.
discussed Cited as authority (rule) Nelkin & Nelkin P.C. v. Two Rivers Coffee, LLC, Steven Schreiber, Eugene Schreiber, and Sarah Schreiber
Bankr. S.D. Tex. · 2026 · confidence medium
The Complaint In its Complaint, Debtor brings two causes of action to wit: (1) a declaratory judgment regarding certain personal property (the “Declaratory Judgment Claim”); and (2) extension of the automatic stay to Carol Nelkin and Jay Nelkin (collectively, the “Nelkins”) pursuant to § 105(a) (the “Stay Extension Claim”).41 As to the Declaratory Judgment Claim, Debtor seeks a declaratory judgement as to who owns certain “boxes of documents and items of furniture – file cabinets, a 33 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 34 Id. 35 Williams v. Time Warner O…
discussed Cited as authority (rule) Schreiber v. Nelkin
Bankr. S.D. Tex. · 2025 · confidence medium
Broadcasting Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 41 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 42 Id. 43 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 44 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 45 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 46 Matsushita Elec.
discussed Cited as authority (rule) Pena, Individually, and As next best friend of A.P. v. Starr County, Texas
S.D. Tex. · 2025 · confidence medium
An official’s actions must be judged in light of the circumstances that confronted him, without benefit of of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 79 Anderson, 477 U.S. at 248 . 80 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 81 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 82 Boudreaux v. Swift Transp.
discussed Cited as authority (rule) St. Pierre v. DuPont Specialty Products USA, LLC (2×)
M.D. La. · 2024 · confidence medium
See LSR Consulting, LLC v. Wells Fargo Bank, N.A., 835 F.3d 530, 534 (5th Cir. 2016) (holding district court did not err in relying on affidavits which “contain[ed] sufficiently specific statements for the district court to infer that the affiants had personal knowledge of the facts attested therein”); Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996) (explaining that at summary judgment, a court views all facts and 10 inferences in the light most favorable to the nonmovant).2 St.
discussed Cited as authority (rule) Rodriguez v. BBB Industries, LLC
S.D. Tex. · 2024 · confidence medium
Co., 840 F.2d 283, 287 (5th Cir. 1988) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)) (“[T]o determine if an issue of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 33 Anderson, 477 U.S. at 248 . 34 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 35 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 36 Boudreaux, 402 F.3d at 540 . well in, was not ill-treated, never complained about any issues in this new role, and wa…
discussed Cited as authority (rule) Porter Development Partners, LLC and PPP Management, LLC
Bankr. S.D. Tex. · 2024 · confidence medium
Broadcasting Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 25 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 26 Id. 27 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 28 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 29 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 30 Matsushita Elec.
discussed Cited as authority (rule) Villarreal v. Hidalgo County
S.D. Tex. · 2024 · confidence medium
Co., 840 F.2d 283, 287 (5th Cir. 1988) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)) (“[T]o determine if an issue of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 46 Anderson, 477 U.S. at 248 . 47 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 48 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 49 Boudreaux, 402 F.3d at 540 . b.
cited Cited as authority (rule) Believe TGH LLC v. Pointe Coupee Parish
M.D. La. · 2023 · confidence medium
Owners Ass'n, 851 F. App'x 461 , 467 (5th Cir. 2021) (citing Elderhaven, Inc., 98 F.3d at 179). 38 Rec.
discussed Cited as authority (rule) Meza v. Monte Alto Independent School District
S.D. Tex. · 2023 · confidence medium
Plaintiff’s First Amendment cause of action “To establish a § 1983 claim for employment retaliation related to speech, a plaintiff employee must show: (1) he suffered an adverse employment action; (2) he spoke as a citizen on a matter of public concern; (3) his interest in the speech outweighs the government's interest in the efficient provision of public services; and (4) the speech precipitated the adverse employment action.”41 Both Defendant Monte Alto ISD and Defendant Rosalinda Cobarrubias argue that Plaintiff has failed to provide evidence that satisfies elements two and four of h…
discussed Cited as authority (rule) Allison D. Byman v. RRL Capital Investments, LLC
Bankr. S.D. Tex. · 2023 · confidence medium
Broadcasting Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 54 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 55 Id. 56 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 57 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). controversy—that is, when both parties have submitted evidence of contradictory facts.”58 If, however, the record could not lead a rational trier of fact to find for non-movants, summary judgment is appropriate.59 While the Court may consider other materials in the record, it need only conside…
discussed Cited as authority (rule) Sanchez v. Dolgencorp of Texas, Inc.
S.D. Tex. · 2023 · confidence medium
Co., 840 F.2d 283, 287 (5th Cir. 1988) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)) (“[T]o determine if an issue of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 33 Anderson, 477 U.S. at 248 . 34 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 35 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 36 Boudreaux, 402 F.3d at 540 . 37 Dkt.
discussed Cited as authority (rule) Engelhart, Chapter 7 Trustee v. Doctors Hospital 1997, L.P.
Bankr. S.D. Tex. · 2023 · confidence medium
Broadcasting Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 73 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 74 Id. 75 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 76 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 77 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 78 Matsushita Elec.
cited Cited as authority (rule) Razavi v. Franklin Apartment Management, Ltd.
W.D. Tex. · 2022 · confidence medium
Burrell v. Dr. Pepper/Seven Up Bottling Group, Inc., 482 F.3d 408 , 411- 12 (5th Cir. 2007); Williams v. Time Warner, 98 F.3d 179, 181 (5th Cir. 1996).
cited Cited as authority (rule) Wilson v. Marshall Shredding LLC
W.D. Tex. · 2022 · confidence medium
Burrell v. Dr. Pepper/Seven Up Bottling Group, Inc., 482 F.3d 408, 411-12 (5th Cir. 2007); Williams v. Time Warner, 98 F.3d 179, 181 (5th Cir. 1996).
discussed Cited as authority (rule) Porter Development Partners, LLC and PPP Management, LLC
Bankr. S.D. Tex. · 2022 · confidence medium
P. 56(a) (emphasis added). 60 Id. 61 Id. 56 (c)(3). 62 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 63 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir. 1998). 64 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir. 1996). 65 See Matsushita Elec.
discussed Cited as authority (rule) Rodriguez v. Smith
Bankr. S.D. Tex. · 2022 · confidence medium
Broadcasting Co., Inc., 584 F.2d 111, 114 (5th Cir. 1978) (citations omitted). 75 LeMaire v. Louisiana, 480 F.3d 383, 390 (5th Cir. 2007). 76 Id. 77 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 78 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). 79 Laughlin v. Olszewski, 102 F.3d 190, 193 (5th Cir.1996). 80 Matsushita Elec.
discussed Cited as authority (rule) Gary Russell Haymond
Bankr. S.D. Tex. · 2022 · confidence medium
Ass’n, 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc)). 41 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 42 11 U.S.C. § 303 (b). 43 In re Newbury Operating LLC, No. 20-12976-JLG, 2021 Bankr.
discussed Cited as authority (rule) Blanca v. Wal-Mart Store Texas, L.L.C.
S.D. Tex. · 2022 · confidence medium
Co., 840 F.2d 283, 287 (5th Cir. 1988) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)) (“[T]o determine if an issue of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 37 Anderson, 477 U.S. at 248 . 38 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 39 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 40 Boudreaux v. Swift Transp.
cited Cited as authority (rule) Mueck v. La Grange Acquisitions, L.P.
W.D. Tex. · 2022 · confidence medium
Burrell v. Dr. Pepper/Seven Up Bottling Group, Inc., 482 F.3d 408, 411-12 (5th Cir. 2007); Williams v. Time Warner, 98 F.3d 179, 181 (5th Cir. 1996).
discussed Cited as authority (rule) United States v. 4.620 ACRES OF LAND, MORE OR LESS
S.D. Tex. · 2021 · confidence medium
Co., 840 F.2d 283, 287 (5th Cir. 1988) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)) (“[T]o determine if an issue of material fact is genuine, we must then decide whether ‘the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’”). 140 Anderson, 477 U.S. at 248 . 141 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 142 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 143 Boudreaux v. Swift Transp.
cited Cited as authority (rule) Gary Russell Haymond
Bankr. S.D. Tex. · 2021 · confidence medium
P. 56(c)(3)). 85 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 86 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998).
discussed Cited as authority (rule) PHI Health, LLC v. WFAS, Inc.
S.D. Tex. · 2021 · confidence medium
PHI asserts in its motion that it provided the helicopter as required.40 However, the only evidence that PHI proffers is the contract itself41 (which obviously demonstrates nothing about whether PHI met the contractual obligations) and an affidavit executed by the chief operating officer of PHI that avers 32 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 33 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 34 Boudreaux v. Swift Transp.
discussed Cited as authority (rule) MLN Company v. Clear the Air, LLC
Bankr. S.D. Tex. · 2021 · confidence medium
P. 56(a). 24 Smith v. Brenoettsy, 158 F.3d 908, 911 (5th Cir.1998). 25 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 26 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 27 Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). have submitted evidence of contradictory facts.”28 If, however, the record could not lead a rational trier of fact to find for Plaintiff, summary judgment is appropriate.29 While the Court may consider other materials in the record, it need only consider those actually cited.30 Where the facts are undisputed an…
discussed Cited as authority (rule) J&J Sports Productions, Inc. v. Los Taquitos Bar and Grill LLC
S.D. Tex. · 2020 · confidence medium
Analysis Defendants argue that “there is no competent evidence showing where or how the signal [of the Event] originated,” so Plaintiff cannot show a violation of either 47 U.S.C. §§ 553 or 605.60 Plaintiff argues the evidence shows the signal originated via satellite.61 Plaintiff brings its claim pursuant to 47 U.S.C. § 553 or alternatively § 605.62 Section 553 provides, “[n]o person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise …
discussed Cited as authority (rule) J&J Sports Productions, Inc. v. Los Taquitos Bar and Grill LLC
S.D. Tex. · 2020 · confidence medium
Analysis Defendants argue that there is no evidence that Plaintiff’s Event was shown at Defendants’ Los Taquitos restaurant on April 9, 2016.60 Plaintiff responds that its auditor entered the restaurant and positively identified Plaintiff’s Event being shown on one of the restaurant televisions.61 Defendants argue that the evidence shows the restaurant was closed.62 Plaintiff brings its claim pursuant to 47 U.S.C. § 553 or alternatively § 605.63 Section 553 provides, “[n]o person shall intercept or receive or assist in intercepting or receiving any communications service offered over…
discussed Cited as authority (rule) Reyes v. PlainsCapital Bank
S.D. Tex. · 2020 · confidence medium
P. 56. 52 Burrell v. Dr. Pepper/Seven UP Bottling Grp., 482 F.3d 408, 411 (5th Cir. 2007). 53 Fordoche, Inc. v. Texaco, Inc., 463 F.3d 388, 392 (5th Cir. 2006). 54 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 55 Sheline v. Dun & Bradstreet Corp., 948 F.2d 174, 176 (5th Cir. 1991). 56 Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir. 1996). 57 Id. parties have submitted evidence of contradictory facts.”58 The Court will draw only reasonable inferences in the nonmovant’s favor and will not countenance “senseless” theories or leaps in logic.59 The Court is …
cited Cited as authority (rule) Osborne v. AECOM
W.D. Tex. · 2020 · confidence medium
Burrell v. Dr. Pepper/Seven Up Bottling Grp., Inc., 482 F.3d 408, 411-12 (5th Cir. 2007); McCoy, 492 F.3d at 557 ; Williams v. Time Warner, 98 F.3d 179, 181 (5th Cir. 1996).
discussed Cited as authority (rule) Beverly Hill v. Kerr County
W.D. Tex. · 2020 · confidence medium
If the employer sustains that burden, the presumption of intentional discrimination dissipates, and the burden shifts back to the plaintiff to offer sufficient evidence that either (1) the employer’s proffered reason is not true but is instead a pretext for discrimination, or (2) the employer’s reason, while true, is not the only reason for the conduct, and plaintiff’s protected characteristic was another “motivating factor.” Burrell v. Dr. Pepper/Seven Up Bottling Grp., Inc., 482 F.3d 408 , 411–12 (5th Cir. 2007); McCoy, 492 F.3d at 556 ; Williams v. Time Warner, 98 F.3d 179, 181 …
cited Cited as authority (rule) Newbury v. City of Windcrest, Texas
W.D. Tex. · 2020 · confidence medium
Burrell v. Dr. Pepper/Seven Up Bottling Group, Inc., 482 F.3d 408, 411-12 (5th Cir. 2007); McCoy, 492 F.3d at 556 ; Williams v. Time Warner, 98 F.3d 179, 181 (5th Cir. 1996).
discussed Cited as authority (rule) Julie Chau v. Harlingen Medical Center (2×)
Tex. App. · 2015 · confidence medium
Warrick Motiva Enterprises, LLC ………………………………………………21 2014 WL 7405645 (Tex. App. – Houston [1st Dist.] Dec. 30, 2014) Williams v. Time Warner Operations, Inc. ………………………………………10 98 F.3d 179, 18 (5th Cir. 1996) Yselta Indep.
discussed Cited as authority (rule) United States v. Renda
E.D. Tex. · 2011 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citing Lindsey v. Prive Corp., 987 F.2d 324 , 327 n. 14 (5th Cir.1993)).
discussed Cited as authority (rule) Williams v. McCollister
S.D. Tex. · 2009 · confidence medium
The court must construe all of the evidence “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996).
discussed Cited as authority (rule) Martin v. J.A.M. Distributing Co.
E.D. Tex. · 2009 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) United States Ex Rel. Ramadoss v. Caremark Inc.
W.D. Tex. · 2008 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citing Lindsey v. Prive Corp., 987 F.2d 324 , 327 n. 14 (5th Cir.1993)); Messer v. Meno, 130 F.3d 130, 134 (5th Cir.1997), cert. denied, 525 U.S. 1067 , 119 S.Ct. 794 , 142 L.Ed.2d 657 (1999).
discussed Cited as authority (rule) Simco Enterprises, Ltd. v. James River Insurance
E.D. Tex. · 2008 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) United States v. 109,980.00, More or Less, in United States Currency
W.D. Tex. · 2008 · confidence medium
Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citing Lindsey v. Prive Corp., 987 F.2d 324, 327 n. 14 (5th Cir.1993)); Messer v. Meno, 130 F.3d 130, 134 (5th Cir.1997), cert. denied, 525 U.S. 1067 , 119 S.Ct. 794 , 142 L.Ed.2d 657 (1999). 27 .
discussed Cited as authority (rule) Shelter Mutual Insurance v. Simmons
S.D. Miss. · 2008 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); Brown v. City of Houston, 337 F.3d 539, 540 (5th Cir.2()03); Daniels v. City of Arlington, 246 F.3d 500, 502 (5th Cir.), cert. denied, 534 U.S. 951 , 122 S.Ct. 347 , 151 L.Ed.2d 262 (2001).
discussed Cited as authority (rule) Verret v. United States
E.D. Tex. · 2008 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
cited Cited as authority (rule) Shaw v. TDCJ-CID
S.D. Tex. · 2008 · confidence medium
Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996).
discussed Cited as authority (rule) Craig v. PONDEROSA DEVELOPMENT, LP
E.D. Tex. · 2007 · confidence medium
Ail the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) Willis v. Fugro Chance, Inc.
E.D. Tex. · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the nonmoving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) Evans v. Texas Department of Transportation
E.D. Tex. · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) Rothe Development Corp. v. U.S. Department of Defense
W.D. Tex. · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996).
discussed Cited as authority (rule) Loftin v. Kirby Inland Marine, L.P.
unknown court · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the *761 evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) Johnson v. RGIS Inventory Specialists
E.D. Tex. · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150 , 120 S.Ct. 2097 ; Lincoln Gen.
discussed Cited as authority (rule) United States v. Evans
W.D. Tex. · 2007 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citing Lindsey v. Prive Corp., 987 F.2d 324 , 327 n. 14 (5th Cir.1993)).
discussed Cited as authority (rule) McBride v. CNA Insurance
S.D. Miss. · 2006 · confidence medium
In analyzing a motion for summary judgment, all evidence must be “construed in the light most favorable to the nonmoving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996) (citation omitted).
discussed Cited as authority (rule) White v. Dietrich Industries, Inc.
E.D. Tex. · 2006 · confidence medium
All the evidence must be construed “in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes.” Williams v. Time Warner Operation, Inc., 98 F.3d 179, 181 (5th Cir.1996); see Reeves, 530 U.S. at 150, 120 S.Ct. 2097 ; Lincoln Gen.
Retrieving the full opinion text from the archive…
Williams
v.
Time Warner Operation, Inc
96-20287.
Court of Appeals for the Fifth Circuit.
Oct 25, 1996.
98 F.3d 179
1996 U.S. App. LEXIS 27683
1996 WL 583252
JERRY E. SMITH, Circuit Judge:

Alfred Williams appeals a summary judgment regarding his racial discrimination claim under title VTI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1981, in favor of Time Warner Operation, Inc. (“Time Warner”). Concluding that Williams has put forth sufficient evidence to create a genuine issue of material fact as to whether Time Warner’s proffered justification for its failure to promote Williams was pretextual, we reverse and remand.

I.

Williams, a black male, was employed by Time Warner as an Installation/Repair Technician when he sought promotion to the position of Preventive Maintenance Technician (“PM Tech”). After the candidates had been reviewed initially by Chuck Stubble-field, the Time Warner employee responsible for making the promotion decisions, Williams and two white males were selected as finalists. Of the seven criteria employed by Stubblefield in making his decision — interview, longevity, experience and education, supervisor’s recommendation, performance evaluation, corrective actions, and attendance — Williams scored lower than both of the other two in attendance and supervisory recommendation only.

It is the supervisory recommendation that forms the crux of Williams’s ease. Randy Waller, Williams’s immediate supervisor in his then-current Installation/Repair Technician job, allegedly gave Williams a poor oral recommendation for the promotion, and Stubblefield avers that this recommendation was pivotal in his decision not to award the promotion to Williams. [1] Although he does not allege that Waller is a racist, Williams contends that Stubblefield is a racist and that Waller, because of his loyalty to the company, lied about Williams’s qualifications in order to cover up Stubblefield’s racially-motivated decision not to promote Williams.

Williams appealed his adverse decision through Time Warner’s “Open Door” procedure, in which the decision was explained to him by Stubblefield and Stubblefield’s superi- or. Williams then had a hearing before a committee comprised of managers and employees of Time Warner, one of whom was selected by Williams and two of whom were black. The committee recommended no change in the decision.

Williams filed suit, alleging that he had been rejected because of his race and seeking damages under title VII and the Texas Commission on Human Rights Act, Tex.Civ.Stat. Ann. art. 5221k (Vernon 1994) (now codified as Tex.Lab.Code Ann. §§ 21.001 et seq.). He also alleged that the failure to promote constituted intentional infliction of emotional distress. The district court granted Time Warner’s motion for summary judgment on all[*181] claims. Williams appeals the decision as to all claims but the art. 5221k action.

II.

We review a grant of summary judgment de novo. See Hanks v. Transcontinental Gas Pipe Line Corp., 953 F.2d 996, 997 (5th Cir.1992). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the amdavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED.R.CrV.P. 56(c). We construe all evidence in the light most favorable to the non-moving party without weighing the evidence, assessing its probative value, or resolving any factual disputes. See Lindsey v. Prive Corp., 987 F.2d 324, 327 n. 14 (5th Cir.1993).

III.

The parties do not contest the proper allocation of burdens of production in employment discrimination cases: First, the plaintiff must establish a prima facie case of discrimination; second, if he is so successful, the defendant must articulate some legitimate, nondiscriminatory reason for the challenged employment action; and third, if the defendant is so successful, the inference of discrimination raised by the prima facie case disappears, and the plaintiff then must prove, by a preponderance of the evidence, both that the defendant's articulated reason is false and that the defendant intentionally discriminated. See St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 510-11, 113 S.Ct. 2742, 2748-49, 125 L.Ed.2d 407 (1993); Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 252-55, 101 S.Ct. 1089, 1093-1094, 67 L.Ed.2d 207 (1981). If the defendant has rebutted successfully the presumption created by the prima facie case-that plaintiffs rejection was racially motivated-the factual inquiry proceeds to a new level of specificity. Id. at 255, 101 S.Ct. at 1094.

w.

As Time Warner stipulated that Williams had established a prima facie case, we examine Time Warner's reason for Williams's rejection-Randy Waller's unfavorable oral recommendation of Williams for the promotion. This explanation, if believed, would support a finding that the decision not to promote Williams was legitimate and nondiscriminatory; Time Warner thus has satisfied its burden of production. Time Warner need not persuade us that it actually was motivated by this reason; it is sufficient that it has raised a genuine issue of fact regarding whether it unlawfully rejected Williams. See Burdine, 450 U.S. at 254, 101 S.Ct. at 1094.

We now turn to the third prong of the Burdine test-whether Time Warner intentionally discriminated against Williams on the basis of race. Williams may satisfy his summary judgment burden on the third prong by coming forward either with direct evidence of discriminatory intent or with circumstantial evidence demonstrating that Time Warner's articulated rationale was pre-textual. See LaPierre v. Benson Nissa, Inc., 86 F.3d 444, 449 (5th Cir.1996). We recently have articulated the test as follows:

[A] jury issue will be presented and a plaintiff can avoid summary judgment if the evidence taken as a whole (1) creates a fact issue as to whether each of the employer's stated reasons was what actually motivated the employer and (2) creates a reasonable inference that age was a determinative factor in the actions of which plaintiff complains. The employer, of course, will be entitled to summary judgment if the evidence taken as a whole would not allow a jury to infer that the actual reason for the discharge was discriminatory.

Rhodes v. Guiberson Oil Tools, 75 F.3d 989, 995 (5th Cir.1996) (en banc).

The gravamen of William's pretext argument is that Wailer, in order to protect his job, agreed to state that he gave a negative recommendation to conceal Stubblefield's discriminatory animus. In effect, Williams argues that Stubblefield made a race-based decision and then used Wailer to cover it up. In support of this argument, Williams notes that Wailer gave him a positive, written performance appraisal only four months prior to[*182] the poor oral recommendation, in which prior evaluation Waller noted, among other things, that Williams “consistently excels,” “is a team player,” and “can be depended on to complete all work assigned to him with minimal supervision.” In addition, one month following Waller’s negative oral recommendation, Waller gave Williams another positive written appraisal, observing that Williams “is able to receive assignments from several people, judge or resolves the priorities and still maintain good working relationships with those involved,” and “has a positive impact on the morale of my department.” According to Williams, “The only way to reconcile these statements [the two positive performance appraisals and the poor supervisory recommendation] is to determine that one is a lie.”

Time Warner counters that it uses both performance appraisals and supervisory recommendations in making promotion decisions for the exact reason that Williams offers as suspect — because often they are at odds with each other. It is perfectly plausible, Time Warner argues, that Waller believed that Williams was performing well in his current job and so reflected in the performance appraisals, and that at the same time Waller also believed that Williams was not capable of performing the responsibilities associated with the job for which Williams sought promotion.

It is uncontested, however, that, when Williams previously had sought and received a promotion to the same position of PM Tech, [2] Waller had written him a favorable recommendation. Waller reportedly was unable to recommend Williams for the promotion this time because “Alfred did not like to be told what to do ... he continually complained about work assignments and tried to undermine his authority.” Interestingly, Richard Cicatello, a white male who was selected for one of the promotion positions, had been disciplined formally within the past year on the same charge. [3]

Williams also supports his pretext argument by noting that he previously had been employed as a PM Tech — the position for which he was re-applying in the instant case — for ty¿ years and had worked directly for Stubblefield for Vk of those years. Stub-blefield testified in his deposition that Williams had performed well in this job. Williams posits that, given the fact that Stub-blefield had direct, personal knowledge of Williams’s performance in the very job for which he was re-applying, Stubblefield’s proffered justification for the decision (Waller’s negative supervisory recommendation) may have been pretextual. That is, given Stub-blefield’s past satisfactory experience with Williams, his contention that Waller’s supervisory recommendation was dispositive is suspect.

Finally, Williams submits, as evidence of pretext, the fact that he scored lower than the two white candidates in only two of the seven categories employed by Time Warner — attendance [4] and supervisory recommendation — and scored the highest in the performance evaluation category. Stubble-field ranked the supervisory recommendation and performance evaluation categories equally, and thus Williams argues that Stubble-field’s insistence that Waller’s single negative, oral supervisory recommendation so overshadowed his multiple positive performance evaluations is disingenuous at best. Even assuming that such were the case, Waller notes further that Stubblefield’s ranking of these two categories equally as fourth in importance relative to the other criteria, and Williams’s excellent performance in the top three categories, legitimately question the sincerity of Stubblefield’s proffered justification.

When viewed in total, we believe that Williams’s evidence creates a genuine issue of material fact concerning whether Stubble-field in fact relied upon Waller’s negative supervisory recommendation or instead upon unlawful, discriminatory animus in failing to promote Williams. We do not decide the[*183] merits of Williams’s underlying claims, but note only that whether Stubblefield’s decision was discriminatory will turn on the sufficiency of Williams’s evidence and the credibility of the attesting parties, functions properly left to the fact finder and not to be resolved on summary judgment. This may be especially true where, as here, the critical negative evaluation is oral, and hence credibility is even more at issue. [5]

V.

Williams next requests, for the first time on appeal, an enlargement of discovery to permit him to depose Waller. Williams did not file any affidavit to this effect as required by Fed.R.Civ.P. 56(f), nor did he petition the district court for an enlargement of time or a continuance of the summary judgment motion pending further discovery. We refuse to review an argument that a party has failed to raise in response to a summary judgment motion. See Gilley v. Protective Life Ins. Co., 17 F.3d 775, 781 n. 13 (5th Cir.1994) (citation omitted). Furthermore, because we reverse the summary judgment, Williams’s request on appeal is moot. We express no view as to whether further discovery is appropriate on remand.

REVERSED and REMANDED.

1

. Specifically, Stubblefield's affidavit — which appears as part of the summary judgment record— says that Waller "did not give [Williams] a good recommendation [,] felt that Williams should not be promoted [, and] told me that Williams continually complained about work assignments and did not accept supervisory authority well."

2

. Williams held this position for 3/4 years before leaving Time Warner to continue his education.

3

. Stubblefield alleges that, at the time he made his promotion decisions, he was unaware that such disciplinary action had been taken against Cicatello.

4

.Stubblefield himself noted that attendance was the least important criterion.

5

. Because Williams has merely presented his intentional infliction of emotional distress claim for review without providing any attendant argument in his brief, he has abandoned that issue on appeal. See Harris v. Plastics Mfg. Co., 617 F.2d 438, 440 (5th Cir.1980).