8 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 28,572 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Boykin v. Keycorp
521 F.3d 202 (2d Cir. 2008) Cited 1,327 times 1 Legal Analyses
Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."
Kronisch v. U.S.
150 F.3d 112 (2d Cir. 1998) Cited 857 times 3 Legal Analyses
Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."
Silvestri v. General Motors Corp.
271 F.3d 583 (4th Cir. 2001) Cited 628 times 10 Legal Analyses
Holding sanctions for spoliation appropriate only to curb abuses of the judicial process
Holmes v. Amerex Rent-A-Car
710 A.2d 846 (D.C. 1998) Cited 48 times
Holding that such a tort exists in the District of Columbia
DAMMARELL v. ISLAMIC REPUBLIC OF IRAN
370 F. Supp. 2d 218 (D.D.C. 2005) Cited 15 times
Holding that the Court will not require Mr. Belkin to serve the amended complaint on defendants because defendants are in default and the cause of action in the Amended Complaint is "essentially the same" as the cause of action in the original Complaint and therefore no new claim for relief was asserted
Holmes v. Amerex Rent-A-Car
180 F.3d 294 (D.C. Cir. 1999) Cited 9 times 1 Legal Analyses
Holding that negligent or reckless spoliation of evidence is an independent and actionable tort
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,301 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

ESTATE OF HIMOUD SAED ATBAN et al v. BLACKWATER USA et al

8 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."

Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."

Holding sanctions for spoliation appropriate only to curb abuses of the judicial process

Holding that such a tort exists in the District of Columbia

Holding that negligent or reckless spoliation of evidence is an independent and actionable tort

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