Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
Holding that “the essence of [plaintiff's negligent infliction of emotional distress] claim [was] the spreading of slanderous statements and ... it [was] thus barred by section 2680(h)”
Holding that "the inability to implead other parties directly involved in the controversy is a factor which weighs against the retention of jurisdiction"
Holding that evidence of tribal dependence upon a river and the United States' awareness of that dependence is insufficient to satisfy plaintiff's burden without additional "compelling evidence" of federal intent to retain submerged lands for benefit of tribe
Fed. R. Civ. P. 15 Cited 90,448 times 91 Legal Analyses
Finding 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