Curtiss-Wright Corp. v. General Electric Co.
446 U.S. 1 (1980) Cited 2,054 timesHolding that it was "proper for the District Judge here to consider such factors as whether the claims under review were separable from the others remaining to be adjudicated and whether the nature of the claims already determined was such that no appellate court would have to decide the same issues more than once even if there were subsequent appeals"
Community for Creative Non-Violence v. Reid
490 U.S. 730 (1989) Cited 1,152 times 17 Legal AnalysesHolding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
Shrader v. CSX Transportation, Inc.
70 F.3d 255 (2d Cir. 1995) Cited 4,368 timesHolding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders
Palmer v. Champion Mortg
465 F.3d 24 (1st Cir. 2006) Cited 554 timesHolding that three-business-day language rendered notice "crystal clear" where plaintiff received notice after the expiration date noted within notice had passed
National Metal Finishing v. Barclaysamerican
899 F.2d 119 (1st Cir. 1990) Cited 296 timesHolding that motions for reconsideration may not be used "to repeat old arguments previously considered and rejected, or to raise new legal theories that should have been raised earlier"
Feliciano-Hernández v. Pereira-Castillo
663 F.3d 527 (1st Cir. 2011) Cited 150 timesFinding no abuse of discretion in the district court's denial of a motion for reconsideration where the movant had asked the court "to consider new arguments that [she] could have made earlier"
Camel Hair Mfrs. v. Saks
284 F.3d 302 (1st Cir. 2002) Cited 165 times 6 Legal AnalysesHolding that, although the plaintiff was entitled to a presumption of consumer deception, remand was required for further proceedings on causation
20th Century Fox Film v. Enter Distributing
429 F.3d 869 (9th Cir. 2005) Cited 145 times 2 Legal AnalysesHolding that the scope of Section 505 costs is broader than the scope of Section 1920 costs
Spiegel v. Trustees of Tufts College
843 F.2d 38 (1st Cir. 1988) Cited 226 timesHolding that an appeal from a judgment certified pursuant to Rule 54(b) was not appropriate where there is “substantial ... imbrication between the dismissed counts and the surviving count” or where “[t]he factual underpinnings of the adjudicated and nonadjudicated counts are ... inextricably intertwined”
M.G.B. Homes, Inc. v. Ameron Homes, Inc.
903 F.2d 1486 (11th Cir. 1990) Cited 178 times 6 Legal AnalysesHolding that a homeowner who provided significant input into home plans was not a coauthor of architectural plans
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,702 times 67 Legal AnalysesAllowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,473 times 143 Legal AnalysesHolding party seeking fees may additionally seek "nontaxable expenses"
Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings
Fed. R. Civ. P. 52 Cited 26,475 times 100 Legal AnalysesRecognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,374 times 196 Legal AnalysesGranting appellate jurisdiction over certain types of interlocutory orders
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,374 times 175 Legal AnalysesRecognizing the United States' adherence to provisions of the Berne Convention of 1886