29 Cited authorities

  1. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,602 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
  2. Weiland v. Palm Beach Cnty. Sheriff's Office

    792 F.3d 1313 (11th Cir. 2015)   Cited 2,398 times   2 Legal Analyses
    Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies
  3. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 908 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
  4. Paylor v. Hartford Fire Ins. Co.

    748 F.3d 1117 (11th Cir. 2014)   Cited 204 times   6 Legal Analyses
    Stating that a shotgun pleading occurs where each count adopts the allegations of all preceding counts
  5. Shurick v. the Boeing Co.

    623 F.3d 1114 (11th Cir. 2010)   Cited 60 times
    Rejecting plaintiff's attempts to distinguish Ragsdale; applying res judicata to bar subsequent claims despite different legal bases where the differences between the two claims as framed by plaintiff were "purely cosmetic" and common nucleus of operative fact was evident by the "'series of transactions closely related in time, space, and origin'"
  6. Lloyd Noland Found. v. Fairfield H.C

    837 So. 2d 253 (Ala. 2002)   Cited 61 times
    Holding that an "appeal from a pretrial final judgment disposing of all claims in the case (as distinguished from a Rule 54(b)[, Ala. R. Civ. P.,] summary judgment disposing of fewer than all claims) entitles [an appellant], for purposes of our review, to raise issues based upon the trial court's . . . denial of [the appellant's own] summary-judgment motions"
  7. Charles v. Bac Home Loans

    946 F. Supp. 2d 1236 (N.D. Ala. 2013)   Cited 41 times
    Finding the wrongful foreclosure claim abandoned because plaintiffs offered no response to the motion to dismiss as to that claim
  8. Cappuccitti v. Directv, Inc.

    623 F.3d 1118 (11th Cir. 2010)   Cited 44 times   1 Legal Analyses
    Describing Georgia law concerning unconscionability
  9. James v. Nationstar Mortgage, LLC

    92 F. Supp. 3d 1190 (S.D. Ala. 2015)   Cited 37 times   1 Legal Analyses
    Holding that the plaintiffs failed to state a claim against an assignee for violating § 1639f
  10. Anderson v. Osh Kosh B'Gosh

    255 F. App'x 345 (11th Cir. 2006)   Cited 42 times
    Holding that a pro se plaintiff's failure to effectively serve the defendant within 120 days after the complaint was filed warranted dismissal of the action without evidence of good cause
  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 348,810 times   931 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,891 times   124 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,136 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,050 times   140 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,816 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  16. Section 8-19-1 - Short title

    Ala. Code § 8-19-1   Cited 74 times   1 Legal Analyses

    This chapter shall be known and may be cited as the "Deceptive Trade Practices Act." Ala. Code § 8-19-1 (1975) Acts 1981, No. 81-355, p. 510, §1.

  17. Rule 15 - Amended and supplemental pleadings

    Ala. R. Civ. P. 15   Cited 147 times

    (a) Amendments. Unless a court has ordered otherwise, a party may amend a pleading without leave of court, but subject to disallowance on the court's own motion or a motion to strike of an adverse party, at any time more than forty-two (42) days before the first setting of the case for trial, and such amendment shall be freely allowed when justice so requires. Thereafter, a party may amend a pleading only by leave of court, and leave shall be given only upon a showing of good cause. A party shall