13 Cited authorities

  1. Heller Fin., Inc. v. Midwhey Powder Co., Inc.

    883 F.2d 1286 (7th Cir. 1989)   Cited 1,587 times
    Holding that a "forum-selection clause is not dispositive under § 1404"
  2. Maldonado v. Dominguez

    137 F.3d 1 (1st Cir. 1998)   Cited 181 times
    Holding that there is a "strong presumption" against finding an implied right of action in a statute
  3. Richardson v. Stanley Works

    597 F.3d 1288 (Fed. Cir. 2010)   Cited 119 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"
  4. 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.
  5. 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
  6. Fort Howard Paper Co. v. Standard Havens

    901 F.2d 1373 (7th Cir. 1990)   Cited 110 times
    Upholding exclusion of special verdict questions from second trial that should not have been asked at first trial
  7. 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
  8. 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,

  9. 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.
  10. 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

  11. 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 347,794 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,214 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,589 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure