§Why CasetextPricing

Best et al v. US Foods Inc. Delaware Division et al

REPLY BRIEF re MOTION to Strike 16 MOTION to Dismiss Plaintiffs' Complaint , 32 MOTION to Strike , 30 MOTION to Strike

13 Cited authorities

  1. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,914 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,609 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Bowles v. Russell

    551 U.S. 205 (2007)   Cited 3,542 times   19 Legal Analyses
    Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case

  4. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 3,915 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  5. Eberhart v. U.S.

    546 U.S. 12 (2005)   Cited 821 times   3 Legal Analyses
    Holding that the government forfeited application of a claim-processing rule because its opposition did not invoke that rule

  6. Schlagenhauf v. Holder

    379 U.S. 104 (1964)   Cited 1,427 times   1 Legal Analyses
    Holding that "good cause" standard of Fed. R. Civ. P. 35 requires "affirmative showing by the movant"

  7. Frow v. De La Vega

    82 U.S. 552 (1872)   Cited 616 times
    Holding that, when defendants may be jointly liable, courts should not enter default judgment against the defaulting defendant alone until the matter has been resolved against all defendants

  8. Matter of Holliday's Tax Services, Inc.

    417 F. Supp. 182 (E.D.N.Y. 1976)   Cited 52 times
    Holding that sole shareholder can appear on behalf of closely held corporation

  9. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 493,132 times   696 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  10. 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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 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

  12. Section 1654 - Appearance personally or by counsel

    28 U.S.C. § 1654   Cited 4,909 times   11 Legal Analyses
    Granting defendants in federal cases the statutory right to self-representation

  13. Section 46 - Assignment of judges; panels; hearings; quorum

    28 U.S.C. § 46   Cited 2,064 times   13 Legal Analyses
    Holding that prior version of § 46 did not permit senior judges ever to serve on an en banc panel