CLOPTON
v.
CITY OF DALLAS

U.S. | 1986-02-24
No. 85-956
475 U.S. 1013 Supreme Court of the United States (1986) Positive Treatment
Cited by 12 cases

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  • …non-movant to identify which portions of the record support the allegedly unsupported element. Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Jersey Central Power & Light Co. v. Twp. of Lacey, 772 F. 2d 1103, 1109-10 (3d Cir.1985), cert. denied, 475 U.S. 1013, 106 S.Ct. 1190, 89 L.Ed.2d 305 (1986). Summary judgment should only be granted, however, where there are no genuine issues of material fact that can only be properly resolved by a trier of fact because they may reasonably be resolved in favor of e…
  • Biggs v. Vill. OF Dupo, 892 F.2d 1298 (7th Cir. 1990)
    …f judges and juries but on the competition of other ideas.” Gertz v. Robert Welch, Inc., 418 U.S. 323, 339-40, 94 S.Ct. 2997, 3007, 41 L.Ed.2d 789 (1974). See, e.g., Quilici v. Second Amendment Foundation, 769 F. 2d 414, 418 (7th Cir.) cert. denied, 475 U.S. 1013, 106 S.Ct. 1192, 89 L.Ed.2d 307 (1985). The district court concluded that Mr. Biggs’ remark was just his opinion. As Judge Easterbrook explained in Stevens v. Tillman, 855 F. 2d 394, 398 (7th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 1339, 103 L…
  • Pa. Med. Soc'y v. Joseph Marconis, M.D., 942 F.2d 842 (3d Cir. 1991)
    …tainly not inconsistent with the principle that it is presumed that a state law within a traditional state regulatory field is not preempted. Thus, in Jersey Cent. Power & Light Co. v. Lacey Twp., 772 F. 2d 1103, 1112-13 (3d Cir.1985), cert. denied, 475 U.S. 1013, 106 S.Ct. 1190, 89 L.Ed.2d 305 (1986), a local ordinance prohibiting the importation of nuclear waste for storage purposes was preempted by a federal regulation, since congressional intent to regulate the safety aspects of the nuclear industry was…

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