8 Cited authorities

Cooter Gell v. Hartmarx Corp.
496 U.S. 384 (1990) Cited 4,188 times 6 Legal Analyses
Holding that it is necessarily an abuse of discretion to apply the wrong legal standard
Brubaker v. City of Richmond
943 F.2d 1363 (4th Cir. 1991) Cited 247 times
Finding that, to avoid sanctions, an "allegation merely must be supported by some evidence"
American Color Chemical v. Tenneco
918 F. Supp. 945 (D.S.C. 1995) Cited 20 times
Holding that there was a reasonable opportunity for meaningful public comment where the state agency involved issued a press release, the remediation effort was reported in several articles, plaintiff spoke informally to at least fifty residents concerning the initial investigation and report, the remedial alternatives under consideration, and the proposed remediation, and residents' removal preferences were taken into consideration in selecting the remediation method
Marine Office of America Corp. v. Lilac Marine Corporation
CIVIL NO. 98-2359 (GG) (D.P.R. Nov. 13, 2003) Cited 5 times
CIVIL NO. 98-2359 (GG) November 13, 2003 OPINION AND ORDER GILBERTO GIERBOLINI-ORTIZ, Senior District Judge Pending before this court is the plaintiffs' motion for partial summary judgment and the defendants' cross motion for summary judgment. (Docket entries #37, 43, 46, 47, 54 59). BACKGROUND This is an action in admiralty and a damaged cargo claim under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 1301, et seq. filed by Marine Office of America Corporation ("MOAC"), Continental Insurance
Zielinski v. Philadelphia Piers
139 F. Supp. 408 (E.D. Pa. 1956) Cited 21 times
In Zielinski v. Philadelphia Piers, 139 F. Supp. 408, 414 (E.D.Pa. 1956), Judge Van Dusen held that "a pre-trial order * * * may be modified at the trial if the trial judge determines from the facts which then appear that justice so requires."
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,629 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Beyond Systems, Inc. v. World Avenue USA, LLC et al

8 Cited authorities

Holding that it is necessarily an abuse of discretion to apply the wrong legal standard

Finding that, to avoid sanctions, an "allegation merely must be supported by some evidence"

In Zielinski v. Philadelphia Piers, 139 F. Supp. 408, 414 (E.D.Pa. 1956), Judge Van Dusen held that "a pre-trial order * * * may be modified at the trial if the trial judge determines from the facts which then appear that justice so requires."

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding an "unrepresented party" to the same standard as an attorney

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"