Cleveland v. Caplaw Enters.

Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings

S.E.C. v. Lawbaugh

Finding default judgment appropriate "when the adversary process has been halted because of an essentially unresponsive party"

Colleton Prep. Academy v. Hoover Universal

Holding mere delay does not constitute sufficient prejudice

Coleman v. U.S.

Questioning whether gravel on a sidewalk "could even be considered a dangerous condition"

Coffman v. Chugach Support Services, Inc.

Finding that summary judgment in favor of the employer was appropriate where the employer had shown it would have made the same decision absent the employee's miliary status

Gary Brown v. Ashdon

Finding courier and postage fees are not recoverable under Section 1920

Morrel v. Nationwide Mutual Fire Insurance Co.

Holding that a summons naming the defendant as Miller Group Construction instead of Miller Group Construction, Inc. misled no one and was not defective

BUD ANTLE, INC. v. EASTERN FOODS, INC

Holding mere continuation exception inapplicable where there was no continuation in management and ownership

Amjad Munim, M.D., P.A. v. Azar

Holding that successor-in-interest existed where ownership between the old and new companies was the same, the new company began when the old company ceased, and the new company provided the same services to the same clients while using the same staff

Duval v. Midwest Auto City, Inc.

Holding that individuals were proper parties to lawsuit instead of business entity in which they were doing business as

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Rule 4 - Summons

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

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Rule 902 - Evidence That Is Self-Authenticating

Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating

Rule 1005 - Copies of Public Records to Prove Content

Permitting the contents of an official record, or of a document authorized to be recorded or filed, "by copy, certified as correct in accordance with rule 902."

Section 301.7701-3 - Classification of certain business entities

Stating that a limited liability company is “[d]isregarded as an entity separate from its owner if it has a single owner”

Section 301.6109-1 - Identifying numbers