St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,051 times 14 Legal AnalysesHolding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"
Car Carriers, Inc. v. Ford Motor Co.
745 F.2d 1101 (7th Cir. 1984) Cited 2,362 timesHolding that a complaint may not be amended by briefs in opposition to a motion to dismiss
Rising-Moore v. Red Roof Inns, Inc.
435 F.3d 813 (7th Cir. 2006) Cited 220 timesHolding that “the willingness to accept $60,000 [in a settlement] supports a conclusion that the ‘controversy’ exceeds $75,000”
Smoot v. Mazda Motors of America
469 F.3d 675 (7th Cir. 2006) Cited 196 timesHolding that plaintiffs could not rely on theory of res ipsa loquitur in case in which inference of negligence from accident itself would not be obvious to factfinder; in such circumstances, expert testimony was necessary to defeat defendant's motion for summary judgment under Wisconsin law
Stephenson v. Cox
223 F. Supp. 2d 119 (D.D.C. 2002) Cited 111 timesGranting as conceded defendant's motion to dismiss where plaintiff's opposition was untimely, and noting that the "court's role is not to act as an advocate for the plaintiff and construct legal arguments on his behalf in order to counter those in the motion to dismiss"
News World Communications, Inc. v. Thompsen
878 A.2d 1218 (D.C. 2005) Cited 99 timesHolding that unjust enrichment claim filed over three years after claim accrued was time-barred
Jung v. Ass'n of Am. Med. Colls.
300 F. Supp. 2d 119 (D.D.C. 2004) Cited 100 timesFinding non-forum defendants' contacts with the forum — up to ten times per year — insufficient to establish that defendant "transacted business" in forum under D.C. Code § 13-423
Kerrigan v. Britches of Georgetowne
705 A.2d 624 (D.C. 1997) Cited 102 timesHolding that the defendant's acts of manufacturing evidence to establish a false claim of sexual harassment against the plaintiff failed to meet the outrageousness standard
Sere v. Group Hospitalization, Inc.
443 A.2d 33 (D.C. 1982) Cited 138 timesHolding that a contract breach which assumes the character of intentional infliction of emotional distress would be a proper basis for punitive damages
Furash Company, Inc. v. McClave
130 F. Supp. 2d 48 (D.D.C. 2001) Cited 41 timesHolding that genuine issues of material facts existed as to whether the defendant “improperly solicited clients for her personal benefit in order to interfere with [the plaintiff's] business relationships”
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 346,412 times 923 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,518 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"
Section 12-301 - Limitation of time for bringing actions
D.C. Code § 12-301 Cited 904 times 3 Legal AnalysesImposing a three-year statute of limitations on actions "for the recovery of personal property"
Section 28-3502 - Special promise to answer for debt or default of another
D.C. Code § 28-3502 Cited 58 timesStating that the statute of frauds applies to "a contract or sale of real estate, or any interest in or concerning it"