13 Cited authorities

Heller Fin., Inc. v. Midwhey Powder Co., Inc.
883 F.2d 1286 (7th Cir. 1989) Cited 1,589 times
Holding that a "forum-selection clause is not dispositive under § 1404"
Maldonado v. Dominguez
137 F.3d 1 (1st Cir. 1998) Cited 182 times
Holding that there is a "strong presumption" against finding an implied right of action in a statute
Richardson v. Stanley Works
597 F.3d 1288 (Fed. Cir. 2010) Cited 120 times 5 Legal Analyses
Finding functional necessity of configuration illustrated by the prior art where "[e]very piece of prior art identified by the parties that incorporates similar elements configures them in the exact same way"
Reis Robotics USA, Inc. v. Concept Industries, Inc.
462 F. Supp. 2d 897 (N.D. Ill. 2006) Cited 105 times
Denying a motion to strike because "[a]t this early stage of the litigation, the Court cannot determine as a definitive matter that fees and costs are wholly unavailable," even though in Illinois, as in Tennessee, attorneys' fees are recoverable only where authorized by contract or statute.
Renalds v. S.R.G. Restaurant Group
119 F. Supp. 2d 800 (N.D. Ill. 2000) Cited 118 times
Finding that a simple recitation of the standard for dismissal under Rule 12(b) is an abdication of a party's responsibility for alleging facts demonstrating an entitlement to relief
Fort Howard Paper Co. v. Standard Havens
901 F.2d 1373 (7th Cir. 1990) Cited 111 times
Upholding exclusion of special verdict questions from second trial that should not have been asked at first trial
Do It Best Corp. v. Heinen Hardware, LLC
CAUSE NO. 1:13-CV-69 (N.D. Ind. Jul. 8, 2013) Cited 28 times
Striking "cryptic" responses denying "material allegations" because they failed to provide adequate guidance as to defendant's position on the allegations
Kane v. Smiths Med. ASD, Inc.
Cause No. 1:12-cv-552-WTL-MJD (S.D. Ind. Sep. 25, 2012)
Cause No. 1:12-cv-552-WTL-MJD 09-25-2012 GAYLA KANE, Plaintiff, v. SMITHS MEDICAL ASD, INC., Defendant. William T. Lawrence ENTRY ON PLAINTIFF'S MOTION TO STRIKE Before the Court is the Plaintiff's Motion to Strike the Defendant's Affirmative Defenses (Docket No. 17). The motion is fully briefed, and the Court, being duly advised, now DENIES the Plaintiff's motion for the reasons, and to the extent, set forth below. I. LEGAL STANDARD Federal Rule of Civil Procedure 12(f) provides that the Court,
United States v. Anderson
584 F.2d 369 (10th Cir. 1978) Cited 29 times
In Anderson, an action was brought to collect the balance of income taxes due; whereas in the instant case it is an action requiring Miller to file an income tax return as required by law.
Sharp v. Barnhart
117 F.2d 604 (7th Cir. 1941) Cited 6 times
Nos. 7235, 7236. January 14, 1941. Appeals from the District Court of the United States for the Southern District of Indiana, Indianapolis Division; Robert C. Baltzell, Judge. Actions by Joe Sharp and another against Hugh A. Barnhart and others, etc., and by John L. James against the same defendants, to recover a truck and liquor confiscated by the State of Indiana while in transit through that state. From judgment dismissing the actions for want of jurisdiction, plaintiffs appeal. Affirmed. Harvey
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 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 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,674 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Crissen v. Gupta et al

13 Cited authorities

Holding that a "forum-selection clause is not dispositive under § 1404"

Holding that there is a "strong presumption" against finding an implied right of action in a statute

Finding functional necessity of configuration illustrated by the prior art where "[e]very piece of prior art identified by the parties that incorporates similar elements configures them in the exact same way"

Denying a motion to strike because "[a]t this early stage of the litigation, the Court cannot determine as a definitive matter that fees and costs are wholly unavailable," even though in Illinois, as in Tennessee, attorneys' fees are recoverable only where authorized by contract or statute.

Finding that a simple recitation of the standard for dismissal under Rule 12(b) is an abdication of a party's responsibility for alleging facts demonstrating an entitlement to relief

Upholding exclusion of special verdict questions from second trial that should not have been asked at first trial

Striking "cryptic" responses denying "material allegations" because they failed to provide adequate guidance as to defendant's position on the allegations

In Anderson, an action was brought to collect the balance of income taxes due; whereas in the instant case it is an action requiring Miller to file an income tax return as required by law.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure