19 Cited authorities

  1. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,616 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues
  2. Walker v. Armco Steel Corp.

    446 U.S. 740 (1980)   Cited 879 times   2 Legal Analyses
    Holding that Oklahoma rules concerning service of process must be applied by federal courts adjudicating a dispute based on Oklahoma law
  3. Trans-Spec Truck v. Caterpillar

    524 F.3d 315 (1st Cir. 2008)   Cited 645 times
    Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel
  4. Hoyos v. Telecorp

    488 F.3d 1 (1st Cir. 2007)   Cited 100 times   2 Legal Analyses
    Finding causation for restitution where defendant convicted of manufacturing child pornography
  5. Rodriguez Narvaez v. Nazario

    895 F.2d 38 (1st Cir. 1990)   Cited 150 times
    Holding that statutes of limitations exist to prevent defendants from being surprised by long-dormant causes of action
  6. Rodríguez v. Suzuki Motor Corp.

    570 F.3d 402 (1st Cir. 2009)   Cited 69 times
    Holding that the “tolling effect persisted until that action came to a ‘definite end’ ... when it was voluntarily dismissed”
  7. Watson v. Unipress, Inc.

    733 F.2d 1386 (10th Cir. 1984)   Cited 80 times
    Ruling that an unnamed defendant must be dismissed only because the statute of limitations had run and the plaintiff's eventual identification of this unnamed defendant did not relate back to the date of the original complaint
  8. Melendez v. Hospital Hermanos Melendez

    608 F. Supp. 2d 196 (D.P.R. 2008)   Cited 4 times
    In Melendez, the court stated that the plaintiff had to satisfy all of PRRCP 13.3 before the court would allow relation back.
  9. Santiago v. Becton Dickinson Co., S.A.

    539 F. Supp. 1149 (D.P.R. 1982)   Cited 18 times
    In Santiago, the plaintiff had to satisfy only the first part of the rule: that the claim arose out of the same conduct, transaction, or occurrence.
  10. Ramos v. Continental Insurance Company

    493 F.2d 329 (1st Cir. 1974)   Cited 20 times
    Holding that the Puerto Rico direct action statute allows the injured to bring a separate cause of action against the insurer
  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,606 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 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
  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,426 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  16. Rule 3 - Commencing an Action

    Fed. R. Civ. P. 3   Cited 3,035 times   5 Legal Analyses
    Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
  17. § 5298. Actions which prescribe in one year

    P.R. Laws tit. 31, § 5298   Cited 326 times
    Providing a one-year statute of limitation for "[a]ctions to demand civil liability ... for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof"
  18. § 2003. Suits against insured, insurer

    P.R. Laws tit. 26, § 2003   Cited 41 times

    (1) Any individual sustaining damages and losses shall have, at his option, a direct action against the insurer under the terms and limitations of the policy, which action he may exercise against the insurer only or against the insurer and the insured jointly. The direct action against the insurer may only be exercised in Puerto Rico. The liability of the insurer shall not exceed that provided for in the policy, and the court shall determine not only the liability of the insurer, but also the amount