O'Neil v. Q.L.C.R.I., Inc.
750 F. Supp. 551 (D.R.I. 1990) Cited 17 timesIn O'Neil, the court denied the defendant's claim of a state banker-customer privilege and granted a motion to compel discovery, holding that even if there is a state statutory privilege, "federal practice trumps the state law."
McAllister Bros., Inc. v. Ocean Marine Indem. Co.
742 F. Supp. 70 (S.D.N.Y. 1989) Cited 13 timesConcluding that the action was properly removed, despite the general rule against removal of admiralty claims, because the plaintiffs had mistakenly filed the action in state court and requested removal, invoking the court's admiralty jurisdiction
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,995 times 572 Legal AnalysesHolding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 times 91 Legal AnalysesFinding 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 1333 - Admiralty, maritime and prize cases
28 U.S.C. § 1333 Cited 4,502 times 11 Legal AnalysesGranting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"
Rule 14 - Third-Party Practice
Fed. R. Civ. P. 14 Cited 3,644 times 10 Legal AnalysesStriking improper third-party claim is appropriate remedy