41 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 28,537 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Bovee v. Coopers Lybrand C.P.A
272 F.3d 356 (6th Cir. 2001) Cited 519 times
Holding that "a court may consider the full text of the SEC filings, prospectus, analysts' reports and statements `integral to the complaint,' even if not attached [to the complaint], without converting the motion into one for summary judgment under [Rule 56 of the Federal Rules of Civil Procedure]."
Roth Steel Products v. Sharon Steel Corp.
705 F.2d 134 (6th Cir. 1983) Cited 613 times 3 Legal Analyses
Holding that if "the underlying contractual obligation is predicated on an illusory promise," the resulting "contract" is not valid
Midkiff v. Adams County Reg. Water District
409 F.3d 758 (6th Cir. 2005) Cited 281 times
Holding there is no protected property interest in water service from a political subdivision that does not act as a public utility, which is not required “to provide service to any particular individual or group,” and which offers water service only to “a person holding property”
Ohio State Bd. of Pharmacy v. Frantz
51 Ohio St. 3d 143 (Ohio 1990) Cited 220 times
Affirming a state board's revocation of a pharmacist's and pharmacy's licenses due to Medicaid fraud and rejecting an estoppel argument based on the board's continued renewal of the licenses for several years despite learning of the fraudulent activity
Hortman v. Miamisburg
2006 Ohio 4251 (Ohio 2006) Cited 130 times
Holding that promissory estoppel is inapplicable against a political subdivision when the political subdivision is engaged in a governmental function
Norman v. B. O.R. Co.
294 U.S. 240 (1935) Cited 284 times 1 Legal Analyses
Holding that federal legislation which rendered unenforceable provisions in contracts requiring payment in gold coin was a constitutional exercise of Congress' power to create a money system, despite its effect of invalidating certain provisions of otherwise enforceable contracts
Hill v. Urbana
79 Ohio St. 3d 130 (Ohio 1997) Cited 113 times
Stating that courts have discretion in implementing waiver doctrine to reach unpreserved claims
Wells Fargo Bank v. Bank of America
32 Cal.App.4th 424 (Cal. Ct. App. 1995) Cited 85 times
Holding defense of laches "unavailable in an action at law for damages"; finding defense inapplicable to claim for breach of contract
216 Jamaica Avenue, LLC v. S & R Playhouse Realty Co.
540 F.3d 433 (6th Cir. 2008) Cited 39 times
Applying Ohio law
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,530 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 5118 - Gold clauses and consent to sue
31 U.S.C. § 5118 Cited 60 times
Suspending gold standard

216 Jamaica Avenue v. S & R Playhouse Realty Co.

41 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that if "the underlying contractual obligation is predicated on an illusory promise," the resulting "contract" is not valid

Holding there is no protected property interest in water service from a political subdivision that does not act as a public utility, which is not required “to provide service to any particular individual or group,” and which offers water service only to “a person holding property”

Affirming a state board's revocation of a pharmacist's and pharmacy's licenses due to Medicaid fraud and rejecting an estoppel argument based on the board's continued renewal of the licenses for several years despite learning of the fraudulent activity

Holding that promissory estoppel is inapplicable against a political subdivision when the political subdivision is engaged in a governmental function

Holding that federal legislation which rendered unenforceable provisions in contracts requiring payment in gold coin was a constitutional exercise of Congress' power to create a money system, despite its effect of invalidating certain provisions of otherwise enforceable contracts

Stating that courts have discretion in implementing waiver doctrine to reach unpreserved claims

Holding defense of laches "unavailable in an action at law for damages"; finding defense inapplicable to claim for breach of contract

Applying Ohio law

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Suspending gold standard