19 Cited authorities

  1. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 57,689 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
  2. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,164 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  3. General Elect. Capital v. Lease Resolution

    128 F.3d 1074 (7th Cir. 1997)   Cited 1,549 times   1 Legal Analyses
    Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts
  4. Heller Fin., Inc. v. Midwhey Powder Co., Inc.

    883 F.2d 1286 (7th Cir. 1989)   Cited 1,604 times
    Holding that a "forum-selection clause is not dispositive under § 1404"
  5. State Farm Mutual Automobile Insurance Company v. Riley

    199 F.R.D. 276 (N.D. Ill. 2001)   Cited 518 times   1 Legal Analyses
    Finding that a party may not respond to allegations about the contents of a document by representing that the "document speaks for itself"
  6. Jackson v. Marion County

    66 F.3d 151 (7th Cir. 1995)   Cited 439 times
    Holding allegation of cover-up of single incident use of excessive force sufficed to allege municipality's direct involvement in false arrest
  7. Kort v. Diversified Collection Services, Inc.

    394 F.3d 531 (7th Cir. 2005)   Cited 207 times
    Holding that the bona fide error defense requires only negation of specific intent
  8. Madonna v. U.S.

    878 F.2d 62 (2d Cir. 1989)   Cited 164 times
    Granting motion for judgment in favor of defendant as to plaintiff's fraud upon the court allegations because the plaintiff did not plead fraud with sufficient particularity
  9. Smith v. Wal-Mart Stores

    No. C 06-2069 SBA (N.D. Cal. Sep. 20, 2006)   Cited 18 times
    Explaining that "[w]hile the Ninth Circuit has not interpreted Rule 9(c)'s requirement that denial be pleaded 'specifically and with particularity,' the Seventh Circuit has interpreted this standard to hold that the pleading party must 'specifically allege' a particular condition precedent that has not been performed"
  10. Lowe v. Diversified Consultants, Inc.

    CASE NUMBER 12 C 2009 (N.D. Ill. Aug. 30, 2012)   Cited 1 times

    CASE NUMBER 12 C 2009 08-30-2012 Lowe et al. v. Diversified Consultants, Inc. Joan H. Lefkow Name of Assigned Judge or Magistrate Judge Sitting Judge if Other than Assigned Judge DOCKET ENTRY TEXT Plaintiffs Jacob Duffee and Carl Lowe's motion to strike answer to amended complaint as it relates to defendant's second affirmative defense (#22) is granted without prejudice. Defendant is given leave to file an amended answer that complies with Federal Rule of Civil Procedure 9(b) by 9/7/2012. See statement

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 358,800 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,588 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,954 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,218 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,032 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"
  16. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,190 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices
  17. Rule 38 - Right to a Jury Trial; Demand

    Fed. R. Civ. P. 38   Cited 2,311 times   9 Legal Analyses
    Explaining that a party waives its right to a jury trial by failing to properly request one