Artesia Ready Mix Concrete, Inc.

28 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,288 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Ryan v. Homecomings Financial Network
253 F.3d 778 (4th Cir. 2001) Cited 1,381 times 2 Legal Analyses
Holding that a defaulting defendant is deemed to have admitted all of the well-plead factual allegations in the complaint
Nishimatsu Constr. Co., v. Houston Nat. Bank
515 F.2d 1200 (5th Cir. 1975) Cited 3,353 times
Holding that "[t]here must be a sufficient basis in the pleadings for" the default judgment entered and that " default judgment is unassailable on the merits but only so far as it is supported by well-pleaded allegations, assumed to be true"
Chudasama v. Mazda Motor Corp.
123 F.3d 1353 (11th Cir. 1997) Cited 1,258 times
Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins
Comdyne I, Inc. v. Corbin
908 F.2d 1142 (3d Cir. 1990) Cited 1,263 times 1 Legal Analyses
Holding that when deciding whether to grant a default judgment, "all well-pleaded allegations in a complaint, except those relating to the amount of damages, are admitted as true following a default"
Alan Neuman Productions, Inc. v. Albright
862 F.2d 1388 (9th Cir. 1988) Cited 742 times
Holding that the lower court erred in awarding default judgment on a fraud claim not plead with particularity
KPS & Associates, Inc. v. Designs by FMC, Inc.
318 F.3d 1 (1st Cir. 2003) Cited 393 times
Holding that parallel litigation on straightforward contract dispute with primary importance only to the immediate parties did not provide any weight for the piecemeal litigation factor
Compton v. Alton Steamship Co.
608 F.2d 96 (4th Cir. 1979) Cited 486 times
Holding that a Rule 60(b) motion should not be granted where "the party in whose favor judgement has been entered will be unfairly prejudiced by the vacation of his judgment"
Winters v. United States
207 U.S. 564 (1908) Cited 289 times 9 Legal Analyses
Holding that a tribe’s senior, federally-protected right had priority over irrigators’ junior, state-law rights
N.L.R.B. v. Continental Hagen Corp.
932 F.2d 828 (9th Cir. 1991) Cited 50 times
Finding NLRB's distinction between the entry of judgment and the enforcement of that judgment convincing and supported by the case law with regard to back pay claims
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,009 times 334 Legal Analyses
Requiring that fraud be pleaded with particularity

Artesia Ready Mix Concrete, Inc.

28 Cited authorities

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that a defaulting defendant is deemed to have admitted all of the well-plead factual allegations in the complaint

Holding that "[t]here must be a sufficient basis in the pleadings for" the default judgment entered and that " default judgment is unassailable on the merits but only so far as it is supported by well-pleaded allegations, assumed to be true"

Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

Holding that when deciding whether to grant a default judgment, "all well-pleaded allegations in a complaint, except those relating to the amount of damages, are admitted as true following a default"

Holding that the lower court erred in awarding default judgment on a fraud claim not plead with particularity

Holding that parallel litigation on straightforward contract dispute with primary importance only to the immediate parties did not provide any weight for the piecemeal litigation factor

Holding that a Rule 60(b) motion should not be granted where "the party in whose favor judgement has been entered will be unfairly prejudiced by the vacation of his judgment"

Holding that a tribe’s senior, federally-protected right had priority over irrigators’ junior, state-law rights

Finding NLRB's distinction between the entry of judgment and the enforcement of that judgment convincing and supported by the case law with regard to back pay claims

Requiring that fraud be pleaded with particularity