76 Cited authorities

Penson v. Ohio
488 U.S. 75 (1988) Cited 9,894 times 2 Legal Analyses
Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"
Polk County v. Dodson
454 U.S. 312 (1981) Cited 9,313 times 1 Legal Analyses
Holding that a public defender does not act "under color of state law" because he "works under canons of professional responsibility that mandate his exercise of independent judgment on behalf of the client" and because there is an "assumption that counsel will be free of state control"
Foman v. Davis
371 U.S. 178 (1962) Cited 28,839 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
Mullane v. Central Hanover Tr. Co.
339 U.S. 306 (1950) Cited 10,348 times 19 Legal Analyses
Holding that due process requires a hearing "appropriate to the nature of the case"
Zenith Radio Corp. v. Hazeltine Research
401 U.S. 321 (1971) Cited 2,511 times 5 Legal Analyses
Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"
Shrader v. CSX Transportation, Inc.
70 F.3d 255 (2d Cir. 1995) Cited 4,370 times
Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders
Shane v. Fauver
213 F.3d 113 (3d Cir. 2000) Cited 3,130 times
Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim
Armstrong v. Manzo
380 U.S. 545 (1965) Cited 2,559 times 3 Legal Analyses
Holding that failure to give proper notice violates "the rudimentary demands of due process of law"
Kassner v. 2nd Avenue Delicatessen Inc.
496 F.3d 229 (2d Cir. 2007) Cited 1,645 times 3 Legal Analyses
Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"
Keene Corp. v. United States
508 U.S. 200 (1993) Cited 607 times 3 Legal Analyses
Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"
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 348,617 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,312 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 89,187 times 139 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,116 times 51 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,214 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,609 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Rule 68 - Offer of Judgment
Fed. R. Civ. P. 68 Cited 3,880 times 163 Legal Analyses
Granting costs incurred after plaintiff rejected less favorable offer by defendant
Rule 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment
Fed. R. Civ. P. 77 Cited 2,015 times 5 Legal Analyses
Requiring the clerk to immediately serve notice of all orders or judgments
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,813 times 37 Legal Analyses
Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
Rule 83 - Rules by District Courts; Judge's Directives
Fed. R. Civ. P. 83 Cited 1,032 times 2 Legal Analyses
Granting authority to District Court to adopt local rules

Andrews et al v. Fremantlemedia N.A., Inc. et al

76 Cited authorities

Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"

Holding that a public defender does not act "under color of state law" because he "works under canons of professional responsibility that mandate his exercise of independent judgment on behalf of the client" and because there is an "assumption that counsel will be free of state control"

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 due process requires a hearing "appropriate to the nature of the case"

Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"

Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders

Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim

Holding that failure to give proper notice violates "the rudimentary demands of due process of law"

Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Adopting the sanctions authorized by Rule 37(b)

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Granting costs incurred after plaintiff rejected less favorable offer by defendant

Requiring the clerk to immediately serve notice of all orders or judgments

Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases

Granting authority to District Court to adopt local rules