Massey v. Helman
196 F.3d 727 (7th Cir. 1999) Cited 906 timesHolding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint
Harlow v. Children's Hosp
432 F.3d 50 (1st Cir. 2005) Cited 358 times 1 Legal AnalysesHolding that “[f]or specific jurisdiction, the plaintiff's claim must be related to the defendant's contacts”
Intergen N.V. v. Grina
344 F.3d 134 (1st Cir. 2003) Cited 333 times 2 Legal AnalysesHolding a party moving to compel arbitration must show that the other party is bound by the arbitration clause at issue
In re Cabletron Systems, Inc.
311 F.3d 11 (1st Cir. 2002) Cited 291 times 3 Legal AnalysesHolding a petition survived dismissal where scienter allegations included large-scale fraudulent practices over time as well as specific allegations of knowledge and actions by specific officers
Fagan v. City of Vineland
22 F.3d 1283 (3d Cir. 1994) Cited 233 timesHolding that, in certain circumstances, "an underlying constitutional tort can still exist even if no individual police officer violated the Constitution"
Tralon Corp. v. Cedarapids, Inc.
966 F. Supp. 812 (N.D. Iowa 1997) Cited 164 timesHolding that defendant could plead anew only because plaintiff's second amended complaint greatly expanded both the factual allegations as well as the scope of the claims
Owens-Illinois, Inc. v. Lake Shore Land Co.
610 F.2d 1185 (3d Cir. 1979) Cited 153 timesHolding that declaratory relief is neither inherently legal nor equitable
Northeast Data Sys. v. McDonnell Douglas
986 F.2d 607 (1st Cir. 1993) Cited 99 timesHolding that chapter 93A claims "amount[ed] to embroidered 'breach of contract claims' " where the supporting allegations were based on actions that broke or were forbidden by the contract
In re Ludlow Hospital Society, Inc.
124 F.3d 22 (1st Cir. 1997) Cited 74 timesNo. 97-1014. Heard June 4, 1997. Decided August 13, 1997. Claudia J. Reed, with whom David J. Noonan and Cohen, Rosenthal P.C. were on brief for appellant. Jeffrey Clair, Attorney, Appellate Staff Civil Division, Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Donald K. Stern, United States Attorney, and William Kanter, Attorney, Appellate Staff Civil Division, Department of Justice, were on brief for appellee. Appeal from the United States District Court for the District
Elite Entertainment, Inc. v. Khela Brothers Entertainment
227 F.R.D. 444 (E.D. Va. 2005) Cited 36 timesFinding the defendants' motion to file amended counterclaims that would expand scope and theory of liability just before the expiration of the previously scheduled discovery period to be untimely and prejudicial
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 times 91 Legal AnalysesFinding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 13 - Counterclaim and Crossclaim
Fed. R. Civ. P. 13 Cited 4,937 times 21 Legal AnalysesDetermining whether counterclaims are compulsory
Section 271:49 - Criminal usury
Mass. Gen. Laws ch. 271 § 49 Cited 61 times 2 Legal Analyses(a) Whoever in exchange for either a loan of money or other property knowingly contracts for, charges, takes or receives, directly or indirectly, interest and expenses the aggregate of which exceeds an amount greater than twenty per centum per annum upon the sum loaned or the equivalent rate for a longer or shorter period, shall be guilty of criminal usury and shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by
Section 106:1-201 - General definitions
Mass. Gen. Laws ch. 106 § 1-201 Cited 58 timesDefining knowledge for organizations