22 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 27,007 times   238 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  2. Markman v. Westview Instruments, Inc.

    517 U.S. 370 (1996)   Cited 5,430 times   66 Legal Analyses
    Holding that claim construction is a matter of law for the court
  3. Griffith v. Wainwright

    772 F.2d 822 (11th Cir. 1985)   Cited 656 times
    Holding that "an adverse party must be given express, ten-day notice of the summary judgment rules, of his right to file affidavits or other material in opposition to the motion, and of the consequences of default"
  4. Milburn v. United States

    734 F.2d 762 (11th Cir. 1984)   Cited 380 times
    Holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment
  5. South Dakota ex Rel. Barnett v. U.S. Dept

    317 F.3d 783 (8th Cir. 2003)   Cited 146 times
    Finding undue delay or prejudice the "principal consideration"
  6. In re Eli Lilly & Co.

    446 F. Supp. 242 (J.P.M.L. 1978)   Cited 249 times

    No. 326. February 28, 1978. Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELDfn_, EDWIN A. ROBSONfn_, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY and ROY W. HARPER, Judges of the Panel. Judges Wisdom, Weinfeld and Robson took no part in the consideration of this matter. OPINION AND ORDER PER CURIAM. This litigation consists of three actions, each of which is pending in one of three districts: the Southern District of Florida, the District of New Jersey, or the Southern District

  7. Ontel Prods., Inc. v. Project Strategies Corp.

    899 F. Supp. 1144 (S.D.N.Y. 1995)   Cited 141 times
    Holding the first-filed rule was "inapplicable" "because the lawsuits were both filed on the same day"
  8. U.S. v. Ritchie Special Credit Invest

    620 F.3d 824 (8th Cir. 2010)   Cited 59 times
    Denying motion to intervene in bankruptcy proceeding and citing Ark. Elec. Energy Consumers v. Middle S. Energy, Inc. , 772 F.2d 401, 403 (8th Cir. 1985), which "den[ied] motion for intervention filed 12 days after commencement of action where a hearing already had been held and temporary restraining order issued"
  9. Mille Lacs Band of Chippewa Indians v. Minnesota

    989 F.2d 994 (8th Cir. 1993)   Cited 95 times
    Holding that private landowners had a recognized interest at stake in a land-dispute litigation between a Band of Chippewa Indians and the State of Minnesota because the litigation would determine the Band members' rights to hunt, fish, and gather on the private landowners' property
  10. Askin v. Quaker Oats Co.

    11 CV 111 (N.D. Ill. Feb. 15, 2012)   Cited 19 times
    Applying the first-to-file rule, noting that § 1404 would not counsel a different result, and staying the second-filed case
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,124 times   139 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 99,217 times   679 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,999 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
  15. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 35,128 times   55 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)
  16. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,369 times   36 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
  17. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,774 times   743 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  18. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,386 times   49 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
  19. Rule 43 - Taking Testimony

    Fed. R. Civ. P. 43   Cited 1,530 times   14 Legal Analyses
    Granting a trial judge discretion to appoint an interpreter for trial
  20. Rule 29 - Stipulations About Discovery Procedure

    Fed. R. Civ. P. 29   Cited 1,091 times   7 Legal Analyses
    Requiring "written stipulation" for extension of response periods provided for in the rules of procedure