Topic: offering evidence to disprove an element of the plaintiff's… · Go Syfert
← All topics

Topic #3065

7 canonical passages across 6 cases, quoted by 102 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Rakes v. United States.

#Case FlagCanonical passage Citers
1 Rakes v. United States Anchor
mad · 2005
green “offering evidence to disprove an element of the plaintiff's case or by demonstrating an 'absence of evidence to support the non-moving party's case.” 40
2 Mu v. Omni Hotels Management Corp.
ca1 · 2018
green “an issue is 'genuine' when a rational factfinder could resolve it either direction.” 26
3 Ellen Mendes v. Medtronic, Inc.
ca1 · 1994
green “the non-moving party bears the burden of placing at least one material fact into dispute.” 20
4 Pippins v. KPMG LLP
nysd · 2012
green “whether an employee is exempt is determined by the employee's actual work activities, not by the employer's characterization of those activities through a job title or job description.” 5
5 Mu v. Omni Hotels Management Corp.
ca1 · 2018
green “a fact is 'material' when its (non)existence could change a case's outcome.” 4
6 Gattineri v. Wynn MA, LLC
ca1 · 2023
green “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” 4
7 Marzuq v. Cadete Enterprises, Inc.
ca1 · 2015
green “pursuant to regulations issued by the secretary of labor, an employer seeking to establish that an employee is an exempted 'executive' must show: (1) the employee's salary is at least 455 per week, (2) the employee's 'primary duty' is management, (3) the employee 'customarily an…” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check