Community for Creative Non-Violence v. Reid
490 U.S. 730 (1989) Cited 1,149 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
Marvel Characters, Inc. v. Kirby
726 F.3d 119 (2d Cir. 2013) Cited 221 times 2 Legal AnalysesHolding work was for hire due in part to hiring party's “active involvement in the creative process, coupled with its power to reject pages and request that they be redone”
National Metal Finishing v. Barclaysamerican
899 F.2d 119 (1st Cir. 1990) Cited 295 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"
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 225 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
Credit Francais International v. Bio-Vita, Ltd.
78 F.3d 698 (1st Cir. 1996) Cited 73 timesHolding that an appeal from the denial of a motion to intervene must be taken within thirty days of the entry of the order, or not at all
Atrion Networking Corp. v. Marble Play, LLC
31 F. Supp. 3d 357 (D.R.I. 2014) Cited 5 timesReasoning the wide use of certification would clog the courts
Richardson v. City of Providence
C.A. No. 18-253 (D.R.I. Oct. 30, 2018) Cited 1 timesC.A. No. 18-253 10-30-2018 WILBERT L. RICHARDSON, Plaintiff, v. CITY OF PROVIDENCE, by and through its treasurer, James J. Lombardi, III, alias; EMILIO MATOS, alias, in his individual and official capacity as a Providence Police officer; the STATE OF RHODE ISLAND; and JOHN DOES 1-10, individually and in their official capacities, Defendants. WILLIAM E. SMITH, Chief Judge. ORDER Before the Court is Defendant State of Rhode Island's Motion to Dismiss and for Judgment Pursuant to Rule 54(b) (ECF No
Village West Assoc. v. Rhode Island Housing Mtge. Fin
641 F. Supp. 2d 135 (D.R.I. 2009) Cited 6 timesNoting that partial final judgment under Rule 54(b) "is not a procedural formality available upon request, but designed to be used where the problem and circumstances are of an exceptional nature . . . to avoid some perceptible danger of hardship or injustice through delay which would be alleviated by immediate appeal."
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,163 times 141 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 26,393 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 22,294 times 193 Legal AnalysesGranting appellate jurisdiction over the denial of an injunction