12 Cited authorities

F.D.I.C. v. Great American Ins. Co.
607 F.3d 288 (2d Cir. 2010) Cited 616 times
Finding falsity where facts established that "no reasonable interpretation of the question" could lead the insured to conclude that it answer provided was complete and truthful
F.D.I.C. v. Giammettei
34 F.3d 51 (2d Cir. 1994) Cited 345 times
Holding that an affirmative defense may be stricken “when review of the record in a light most favorable to the defendant reveals the absence of evidence supporting an essential element of the defense.”
Zagano v. Fordham University
900 F.2d 12 (2d Cir. 1990) Cited 320 times
Denying voluntary dismissal where motion was made ten days from trial date and parties had engaged in "extensive discovery"
Central Hudson Gas Elec. v. Empresa Naviera
56 F.3d 359 (2d Cir. 1995) Cited 239 times
Holding that parties' interests must be identical for a finding of privity
Wakefield v. Northern Telecom, Inc.
769 F.2d 109 (2d Cir. 1985) Cited 175 times
Holding that district court erred in dismissing claim without prejudice, rather than with prejudice, where claim was withdrawn by the plaintiff at close of trial due to lack of evidence
D'Alto v. Dahon California Inc.
100 F.3d 281 (2d Cir. 1996) Cited 127 times
Finding district court abused its discretion in granting plaintiffs' motion for voluntary dismissal where the court "failed to consider the Zagano factors in assessing whether the case had proceeded so far along that the defendant could be prejudiced"
Jones v. Securities Commission
298 U.S. 1 (1936) Cited 236 times
Holding that a complainant should be granted the right to dismiss a claim unless it would “prejudice the defendants in some other way than by the mere prospect of being harassed and vexed by future litigation of the same kind ”
DiCola v. Swissre Holding (North America), Inc.
996 F.2d 30 (2d Cir. 1993) Cited 59 times
Holding reduction-in-force termination of 49–year old manager whose salary was higher than retained younger worker who took over discharged manager's job responsibilities did not constitute employment discrimination in violation of the Age Discrimination in Employment Act
Kapoulas v. Williams Ins. Agency, Inc.
11 F.3d 1380 (7th Cir. 1993) Cited 39 times
Holding that under Illinois law, a plaintiff may be both direct victim and bystander in the same incident for purposes of determining the source of his emotional distress
ARW Exploration Corp. v. Aguirre
947 F.2d 450 (10th Cir. 1991) Cited 39 times
Holding a declaratory judgment action remained live where the defendants had neither dismissed with prejudice their arbitration claims against the plaintiff nor filed an amended complaint to eliminate the disputed claims
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,589 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Chevron Corporation v. Donziger et al

12 Cited authorities

Finding falsity where facts established that "no reasonable interpretation of the question" could lead the insured to conclude that it answer provided was complete and truthful

Holding that an affirmative defense may be stricken “when review of the record in a light most favorable to the defendant reveals the absence of evidence supporting an essential element of the defense.”

Denying voluntary dismissal where motion was made ten days from trial date and parties had engaged in "extensive discovery"

Holding that parties' interests must be identical for a finding of privity

Holding that district court erred in dismissing claim without prejudice, rather than with prejudice, where claim was withdrawn by the plaintiff at close of trial due to lack of evidence

Finding district court abused its discretion in granting plaintiffs' motion for voluntary dismissal where the court "failed to consider the Zagano factors in assessing whether the case had proceeded so far along that the defendant could be prejudiced"

Holding that a complainant should be granted the right to dismiss a claim unless it would “prejudice the defendants in some other way than by the mere prospect of being harassed and vexed by future litigation of the same kind ”

Holding reduction-in-force termination of 49–year old manager whose salary was higher than retained younger worker who took over discharged manager's job responsibilities did not constitute employment discrimination in violation of the Age Discrimination in Employment Act

Holding that under Illinois law, a plaintiff may be both direct victim and bystander in the same incident for purposes of determining the source of his emotional distress

Holding a declaratory judgment action remained live where the defendants had neither dismissed with prejudice their arbitration claims against the plaintiff nor filed an amended complaint to eliminate the disputed claims

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